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your address, and 
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deceased in 
the nativit: 

8. It ii Ithin any specified 
period, in order to maintain its vaUdity. The patent is granted for seventeen 
years, and remains valid for that period, whether it is worked or allowed to sleep. 
The seventeen year's term of a patent cannot be extended except by special act of 
Congress. 

9. Two or more persons may apply jointly for a patent if they are joint in- 
ventors. Where one person is the inventor and the other only a partner, the patent 
must be applied for in the name of the inventor; but he may secure his partner in 
advance by executing a deed of conveyance, so drawn that the patent will be issued 
in both names. I prepare such deeds. Cost, with recording fee, $5.00 in ordinary 
cases. 

10. Postage and expressage must be prepaid, unless the inventor is unable to 
get the exact rate from his express agent, and in such case he should always send 
me a remittance to cover any possible charge. 

11. Inventors should never destroy models and sketches made during the 
development of their inventions. They become of prime importance in case in- 
terference controversies should arise. Fix the date on them. It is always well to 
have evidence to establish the date of conception of invention. A good plan is to 
have a photograph of yourself taken with the model and preserve the date. 

12. Positively no new matter can be introduced into an application after it is 
once regularly filed. The Patent Office will not permit amendments of this char- 
acter to be incorporated at any stage of proceedings. 

13. When you first send a model or drawing of your invention, please explain 
fully, not only what you claim as your improvement, but also the construction, 
operation and use of the invention, so that your business -wdll not be delayed by 
correspondence seeking further information. 

14. If my clients will carefully read this pamphlet they will not have to take 
the time to write me for information, and I will not have to repeat in a letter what 
is set forth plainly in the pamphlet. The enclosiu"e of this pamphlet, with a para- 
graph marked, may be considered a respectful answer to such letters. 



PLEASE READ CAREFULLY 



Page 1 



All Former Circulars Withdrawn June 1921 

The 

Inventor's Adviser 

AND 

MANUFACTURER'S HAND- 
BOOK TO PATENTS, TRADE-MARKS, 
DESIGNS, COPYRIGHTS, PRINTS 
AND LABELS 



WILLIAM C. LINTON 

Successor to 

Marion & Marion 

Established 1892 

Gra3uace Mechanical Engineer, 

Bachelor of Laws, Master of Patent Laws 

Registered U. S. Patent Attorney 

Member Chartered Institute of Patent Agents, London 

Societe des Ingenieurs Civils de France. 

Chicago Patent Law Association. 

offices: 



364 University St. 
MONTREAL 

CANA.'^A 



918 F St. N, W. 

WASHINGTON 

D. c. 



Copyright by William C. Linton — 1921 



T33^ 



IT 

Page 2 . ; I < ' 



BUSINESS 
BY CORRESPONDENCE 



One of the rules of practice is to the effect that 
personal attendance at the Patent Office is unnecessary, 
and that the business should be transacted in writing. 

This method has proven satisfactory. Similarly I 
have succeeded as well, with those clients living at a 
distance, by correspondence, as with those who call at 
my office. My experience in writing thousands of 
letters and reports to inventors enables me to keep 
the inventors posted in a lucid manner concerning the 
progress of his cases before the Patent Office, and to 
ask definite questions relatively to any points not 
thoroughly understood. Also the greatest details in the 
way of instructions are submitted to the client con- 
cerning the signing of papers or the presentation of 
arguments, specifications, agreements, and assignments. 

An advantage not to be overlooked in a cor- 
respondence system is that the same acts as a legal 
record, so that in the event of any one's contesting 
the rights of the inventor, the early letters, descriptions, 
etc., serve as valuable evidence of the date when the 
Inventor began to correspond about obtaining a patent, 
and may be used as an 



of your invention. Therefore, have signed, dated and 
witnessed any drawings or descriptions disclosing 
your Invention. 






000 



iBtt 



Page 3 



BRIEF INSTRUCTIONS IN ORDER TO 
OBTAIN A PATENT 



First: Send to my offices a disclosure of your invention for preliminary 
search of the Patent Office records. Cost $10. 

A disclosure may consist of sketches or diagrams and a description of 
the invention. A model is desirable, but not necessary. 

Immediately upon the receipt of the disclosure, I will make the preli- 
minary examination and render my opinion concerning the invention's 
patentability and the exact fee required for preparing and filing the appli- 
cation in the Patent Office. 

A search is not compulsory, and if you know your invention is new 
you can instruct me to immediately prepare the appHcation for patent, 
thereby saving time and cost of search. 

Second: If the invention is patentable, then remit to me the usual advance 
fee of $30 in ordinary cases and I will prepare the complete application papers 
and drawings which are sent to you for your approval and signature before 
filing in the Patent Office. 

Third : After you have approved your application papers you should then 
return the same to me with the balance of the fees amounting to $45 in ordinary 
cases, and the application will be placed on file in the Patent Office which will 
send to you a receipt to that effect. 

Fourth: If no opposition is raised by the Patent Office during the exami- 
nation and if the invention is found allowable, the final government fee of 
$20 must be paid in the Patent Office within six months from the date of the 
allowance. 

Fifth: Within about four weeks from the date of the payment of thie 
final government fee into the Patent Office, the official Letters Patent will be 
issued. 

My minimum fee of $75 for preparing and filing an application for 
patent includes the government filing fee of $15, one sheet of Patent Office 
drawings and my attorney fee. If the invention is complicated and addi- 
tional drawings are required extra charges will be made and you will be 
advised as to the complete cost of your application before starting any 
work. This minimum fee of $75 does not include any oppositions, interfer- 
ences or appeals that are likely to arise during the prosecution of the 
application for patent, nor does it include the final government fee. 



Page 4 



BRIEF INSTRUCTIONS IN ORDER TO 
OBTAIN A TRADE-MARK 



First: A trade-mark must be in use before registration will be granted. 
Facsimiles or specimens of the trade-mark as it is actually applied to the goods 
should be sent to my offices for a preliminary examination of the trade-mark 
records to ascertain as to whether or not a similar trade-mark has been 
previously granted, and as to whether it will interfere with any existing 
trade-mark. Cost $10. 

: Second: If the trade-mark is found registerable, you must, supply me with 
at least seven facsimiles or specimens showing the trade-mark as it is actually 
applied to the goods together with the usual advance fee of S30. Also inform 
me how you came into possession of this trade-mark, the date of its first use, 
the goods upon which it is to be applied, how it is applied to the goods, the 
complete name and address of the proprietor. If the proprietor of the trade- 
mark is a company, I must be informed of the complete names of the members 
of the company; if it is a corporation, I must be informed under the laws' of 
which state it was incorporated and the name and the position with respect 
to the corporation of the official who is to sign the declaration. 

Third: Upon ha\dng this information, the complete application papers 
and drawings will be prepared and sent to you for your approval and signatute, 
and they must be returned to my offices with the balance of mj' attorney fee 
amounting to ^0 for filing in the Patent Office. 

If the trade-mark is found registerable, it will be published in the 
official Patent Office gazette and if no opposition is raised within thirty 
■' days after its pubhcation, the official certificate of registration will be 
issued. 

Under the trade-mark act of March 1920, any trade mark or name not 
previously established in the trade by another indiyijiual or concern may 
be registered in the Patent Office, notwithstanding the fact that the trade- 
;. mark or name may be descriptive, geographical or a proper name. 



Page 5 

WILLIAM C. LINTON 

(Registered) 
MINIMUM SCHEDULE OF CHARGES 

UNITED STATES 
Search as to the novelty of an invention.. . . $10.00 see page 16 
Preparing and filing patent application. ... 75.00 ** 25-29-76 

49 
49 
49 
46 
51 



Design patent — -S^^ years 35.00 

Design patent— ^7 years 40 . 00 

Design patent — -14 years 55 . 00 

Trade-mark 50.00 

Copyright 10.00 

Opposition: Replying to Examiner's Objec- 
tions usually 30 . 00 

Appeal to the Board of Examiners-in-Chief. 60.00 

Appeal to the Commissioner. 75.00 

Assignment 5 . 00 

Advance fee for each application 30. 00 



38 
33 
33 
37 
26 



CANADA 

Search as to the novelty of an invention.. . . 

Mechanical patent (machines, etc.) 

Patent for composition. 

Caveat ....;......: 

Design patent 

Trade-Mark $45 and 

Copyright 

Extension of time to commence manufacture. 

Extension of time to import. 

Assignment of patent 

Opposition: Replying to Examiner's Objec- 
tions usually 

Advance fee for each application 



$10.00 see page 16 
25-33 
45 
36 
50 
48 
50 
35 
36 
37 



70.00 
75.00 
25.00 
30.00 
50.00 
10.00 
35.00 
35.00 
5.00 

30.00 
30.00 



38 
26 



PATENTS IN FOREIGN COUNTRIES 
See price list on pages 76-80 

N. B. — -Latter subject to change without notice. 



THE COMPLETE COST OF ANY WORK CAN BE ESTIMATED IN 

ADVANCE 



INTRODUCTION 



ABOUT thirty years ago, the firm of Marion & 
Marion came into existence having offices lo- 
cated at Washington, D.C., United States, and 
Montreal, Canada. The members of this firm obtained 
a world wide reputation by representing clients resid- 
ing in almost every country on the globe, and have ob- 
tained many thousands of patents. 

Being a member of this firm, I have, since the 
death of all of my other partners, carried on the 
business under my ow^n name, and have been represent- 
ing all clients in the same prompt and efficient manner. 

Being a graduate mechanical engineer, as well 
as a graduate of law, I am competent to handle all 
classes of inventions, and have a competent staff of 
assistants, including graduate mechanical engineers, 
electrical engineers and chemical engineers, as well as 
an efficient draughting department with a chief 
draughtsman who has been associated with the firm 
for the past twenty-four years. 



n 



QUALIFICATIONS 

OF 

PATENT SOLICITORS or ATTORNEYS 



The wise man of the parable digs deep and builds his house upon a rock. 
On what sort of a foundation does the manufacturer of a patented article erect 
his industry ? 

The builder for the patentee is the solicitor of patents. Upon the intelli- 
gence and care with which the solicitor draws his description and claims depends 
the stability and effectiveness of the patent. In an oft-quoted sentence no less 
an authority that the United States Supreme Court has recognized the high 
quality of skill required in the drafting of patent claims. The ideal patent 
solicitor should be artisan, engineer, scientist, lawyer, philosopher and prophet — 
nothing less. 

In England, a patent agent is obliged to qualify to rigid standards. In the 
United States the standards admitting to registration are more easily attained, 
but the Canadian Patent Office does not keep a registration of attorneys. 

No person can practice before the United States Patent Office as an attor- 
ney unless he is so registered before that Office, and to become an attorney en- 
titled to practice before the Patent Office he must prove to the Commissioner of 
Patents that he is fully competent to act in that capacity. Therefore, an ordinay 
attorney or lawyer cannot practice before that United States Patent Office, 
unless he has qualified to become a registered attorney. 

The Commissioner of Patents has complete jurisdiction over registered 
patent attorneys to see that they properly represent applicants when applying 
for patents, therefore should a registered patent attorney misrepresent you, he 
would be liable for disbarment from practice before the United States Patent 
Office. 

At the present time you can reasonably feel sure to entrust your invention 
with most any registered patent attorney, as no attorney would knowingly 
misrepresent you, as if he did he w^ould be compelled to give up his practice 
which required a number of years of study to qualify as a registered attorney to 
practice before the United States Patent Office. 

Having qualified in the capacity of a registered attorney, I was so registered 
before the United States Patent Office, in August 1911, under registration 
number 10,109 and being a member of the Chartered Institute of Patent Agents 
of London, England, I feel competent to represent applicants desiring to obtain 
patents. How^ever, too much care cannot be taken when selecting your attorney 
as if he should fail to give your application for patent the required and proper 
attention, the patent after it has been granted may not fully protect an inven- 



WILLIAM C. LINTON 



tion. In this respect, I beg to call your attention to a report of a former Com* 
missioner of Patents, in which he says: 

"As the value of patents depends largely upon the careful preparation of 
the specification and claims, the assistance of competent counsel will be ar| 
advantage to the applicant; but the value of their service will be proportioned 
to their skill and honesty. So many persons have entered this profession of late 
years without experience that too much care cannot be exercised in the selection 
of a competent man." 

The inventor's need of an experienced patent lawyer is emphasized by the 
following statement of the Supreme Court of the United States in the case of 
Topliff vs. Topliff: 

" The specification and claims of a patent, particularly if the invention be 
at all complicated, constitute one of the most difficult legal instruments to draw 
with accuracy, and in view of the fact that valuable inventions are often placed 
in the hands of inexperienced persons to prepare such specifications and claims, 
it is no matter of surprise that the latter frequently fail to describe with requisite 
certainty the exact invention of the patentee, and err either in claiming that 
which the patentee has not in fact invented or in committing some element 
which was a valuable or essential part of his actual invention." 

Probably the best advice ever given inexperienced inventors is that of Dr. 
Robert Grimshaw, the well known writer on technical subjects, who said in his 
" Hints to Inventors ": 

" In getting your invention patented avoid as the devil does holy 
water, ' the no patent, no pay ' solicitor and those who offer to get you full 
protection for about one-half the regular fee. The first are like quack doc- 
tors; the second like shoddy dealers. Get your patent through some reput- 
able solicitor who will charge a good living price and give you something 
through which the next comer cannot drive a circus wagon, band and all." 
Don't spend any money on your invention unless it is really worth some- 
thing; but if it is valuable, select an attorney who has the skill and experience 
to render you really expert service and who will expect you to pay him a fair fee 

The United States Patent Office, Art. 17 of the Rules of Practice, says: 
"Applicants are advised, unless perfectly familiar with patent matters, to 
employ a competent attorney, as the value of patents depends in a great 
measure upon the skillful preparation of the specification and of the invention." 

The Canadian Patent Office makes the same recommendation to inventors; 
in the following terms: • 

"It is desirable, both in the interests of the applicant and of the public 
service, that the documents- and drawings should be prepared by competent 
persons." 



MONTREAL AND WASHINGTON 



MY OFFICES 

I manage offices both at Montreal, and Washington. My Montreal 
office is located in the metropolis of Canada, and occupies the second floor 
of the Merchants Bank Building, located at the corner of University and St. 
Catherine Streets. By having a Canadian office, I am in a better position to 
look after the interests of my clients who reside outside of the Dominion of 
Canada. The Patent Office is located at Ottawa, but I frequently visit the 
Patent Office and, therefore, I am in a position to tike up any matters in 
person with the Examiner of the Patent Office, if such matters need personal 
attention. 

My Washington office is located in The National Union Building, 918 F 
Street, Northwest, which is within five hundred feet from the United States 
Patent Office. 

PATENT LIBRARY 

I have the largest and most complete private patent library in the 
Dominion, including complete sets of the United States and Canadian Patent 
Office reports; of the Commissioners* and United States Court Decisions; the 
Exchequer Court Reports; the " Recueil General " of the International Union 
for the Protection of Industrial Property; and an extensive collection of liter- 
ature on Foreign Patent and Trade Mark Law and Practice; the principal 
encyclopedias, dictionaries and other works of reference; together with an 
assortment of technical and engineering literature in various branches of 
industrial art. 

I subscribe to a number of technical and scientific periodicals, current files 
of which will be found in the library. ' 

I particularly invite all who may have occasion to do so to make use of 
my library and other facilities to the full extent of their needs. 

My Washington office, in close proximity to the United States Patent 
Office, is always open for the use of my clients who deem it expedient to visit the 
Capital, thinking, naturally, that they can by their presence facilitate the 
granting of their patent. While I gladly receive inventors at my office, I must 
candidly state that the business would be equally as well attended to, were 
the inventor in New Zealand as in Washington. 

THE ADVANTAGE OF HAVING A WASHINGTON OFFICE 

Other things being equal, the inventor should select an attorney who has 
an office in Washington, where the entire patent business of the United States 
Government is exclusively carried on. And this for many reasons. All the public 
records and prior patents are open for his inspection and can be examined with- 
out the delays incident to correspondence. He does not have to depend upon 
the service of agents. And, above all, he enjoys a personal acquaintance with 
the various Examiners of the Patent Office, and can have daily interviews with 



10 WILLIAM C. LINTON 

them if necessary. The importance of these interviews cannot be over-esti- 
mated. Wlien an attorney is interviewing an examiner he can make him see 
the merit in an invention, if it has any merit at all. More can then be accom- 
plished in this way in five minutes than by months of correspondence and 
volumes of written argument. 

GOING TO OTTAWA OR WASHINGTON 

Some inventors suppose, very naturally, that if personally present in the 
Patent Office, they can get their cases through more expeditiously, or command 
other important facilities. This is not so. The Patent Office does not prepare 
patent papers, or make models. These must be provided by the applicant or 
his attorney, according to law; otherwise, his case will not be considered. 

THE NATURE AND POLICY OF PATENTS 

It is a well recognized principle that some suitable reward should be given 
to the person or persons who produce new inventions, such as improved articles 
of manufacture, or improvements in detail which increase the efficiency of such 
articles, machines and processes as are alread^'^ known. It is also understood 
that the author, artist and designer should be recognized and rewarded for their 
contributions to the intellectual advancement of the general public. 

To adjust the reward in order that the value of each contribution of this 
nature may be recognized in the proportion of its value to the public, some 
system of control must be devised which will be so flexible as to automatically 
regulate itself to all cases as they arise. 

The patent laws provide a monopoly for a term of years, during which no 
one but the inventor or those authorized by him may manufacture, use, or sell 
any new invention which has been patented in accordance with the terms of the 
statutes provided for that purpose. 

INVENTOR'S MONOPOLY 

If all were free to take advantage of new inventions, without paying for 
their use, there would be no inducement for many inventors to produce such 
inventions, but, with a certainty of pecuniary profit, there is great incentive to 
perfect crude machines and processes whereby better results are obtained. 

When an inventor has perfected his invention, and has procured Letters 
Patent therefor, he is assured of an absolute monopoh'' for the whole term of 
his patent, during all of which term he may manufacture his invention and sell 
the same at such advance in price as will enable him to collect from the public 
in cash a full recognition of the value of his invention. 

If an invention possesses great merit, it is evident that the selling price of 
the patented article may be increased, or, a greater number of such articles will 
be sold* As no one but the inventor, or those speciallj^ authorized by him, may 



MONTREAL AND WASHINGTON 11 

manufacture, use, or sell a patented article, the entire revenue derived from the 
sale, or use, of such articles must necessarily be paid to the inventor. 

Hence the inventor's reward is automatically adjusted by the extent of the 
public appreciation of his invention. Great inventions receive general public 
encouragement, while lesser inventions are rewarded in corresponding degree. 

REASON FOR PATENT MONOPOLY 

As monopolies are generally considered to be antagonistic to the public 
welfare, some strong reason must appear to induce the general government to 
grant, even for a limited term, a monopoly of anything of public utility. 

Nothing but a desire to improve the condition of the general public would 
be a sufficient inducement for the granting of the limited monopoly of the 
patent system. 

The demands of trade and manufacture tend toward the production of more 
perfect machinery and improved processes of manufacture. 

The keen competition of modern commerce causes the merchant and the 
buyer to closely scrutinize and quickly discriminate between articles of dif- 
ferent degrees of merit. 

The manufacturer is alert to secure the privilege of producing what the 
public demands, and the buyers are equally anxious to purchase such goods as 
will best serve their purpose. 

If all were free to manufacture an article or practice a process as soon as it 
became known, it is evident that only the uncertain glory resulting from public 
appreciation would be the inventor's reward, and no financial profit would fol- 
low as a reward for the benefits he has contributed to mankind. 

At this point the well-considered patent law becomes available as a pro- 
tection to the inventor. 

If the invention is a meritorious one, he is entitled to a patent, upon com- 
plying with certain conditions. When the patent is granted, it is for a term of 
years, which is generally sufficient to enable the inventor to derive a sufficient 
revenue to reward him for producing the invention, after which that particular 
invention belongs to the general public, and all are free to manufacture, use and 
sell it. 

However, before a patent has expired no one is free to manufacture, use, or 
sell the patented article, or practice the patented process, either for their own 
private use, or for a profit. No one but the inventor and those specially author- 
ized by him may use the subject matter of the patent for any purpose whatever. 
It follows that if an unauthorized person shall make a patented article he will 
be liable to the inventor for damages. Many persons are under the impression 
that they have the right to manufacture patented articles for their own private 
use, but this is an error which has in many instances proven costly to the inno- 
cent, but mistaken, persons wha unintehtibnally infringed different patents^ 



12 WILLIAM C. LINTON 



such as the Drive-well- patents, Spring-tooth harrow patents, and others which 
are now expired. 

There is no great industry at this time but is dependent almost wholly for 
its present stage of development, upon' the inventor. 

All who are engaged in any useful occupation are daily paying tribute to the 
inventor in some manner. 

The income of the manufacturer is increased by reason of the increased 
sales of patented articles, and because of their greater perfection such articles 
lessen the necessary labor and increase the earning capacity of all who are ob- 
liged to toil. 

From the sniallest garden to the vast farms of Canada and the United 
States the product has been wonderfully increased by reason of the more modern 
tools and implements of agriculture recently invented, in consequence of which 
vast tracts of territory are now productive which, under primitive methods, 
could not be worked at a profit. 

Many inventions are patented in which are disclosed structures very 
similar in appearance to previously known devices, and such patents are sus- 
tained by the courts. 

The reason is evident upon reflection. No matter how nearly the new 
invention may approach the old in general appearance, if the old device is not 
perfect in construction and operation, there is room for improvement. 

Slight changes in construction often bring success out of failure, and no 
matter how slight may be the apparent difference, if the difference really exists 
and produces a new result, it is proper subject for a patent. 

Many instances of simple inventions might be cited, as a band wheel 
bearing for sewing machines, which was of very simple character, but which 
was recognized to be of sufficient value so that the patent was sustained in 
the courts. Another case in which the invention consisted merely in a hump 
or rise in the returning racewaj'^ of a ten-pin alley, this hump or rise being 
near the end of the raceway to prevent the returning balls from reaching that 
end where the player takes the balls with a sm.ashing impact. This patent 
was sustained in the courts. A detachable device which suspended both stock- 
ings from a single existing point of support on the conset, formed the subject 
matter of another patent which was bitterly contested and sustained. The 
application of a well-known torsional spring to a telegraph key; placing a rub- 
ber back upon packing for stuffing boxes; the substitution of hard rubber for 
materials previously used as a plate for artificial teeth, and many other appar- 
ently simple devices have been patented, and the patents sustained in the 
courts. In the cases of Hobbs vs. Beach, decided March 5, 1901, by the 
United States Supreme Court, the opinion of the court after referring to var- 
ious simple constructions upon which patents have been sustained, contained 
the following language: — 

" If there be one central controlling purpose deducible from all these de- 
" cisions, and many more that might be quoted, it is the steadfast determination 
** of the court to protect and reward the man who has done something which has 



montrf:al and Washington 13 



"actually advanced the condition of mankind, something by which the work of 
" the world is done better and more expeditiously than it was before. < .* 

In the case of Crown, Cook & Seal Company vs. Aluminum Stopper Com- 
pany, 108 Federal Reporter 845, the Court of Appeals of the United States 
Circuit Court said with reference to the patented invention: — 

" Painter's invention is not one of those great epoch-making discoveries 
" like that of printing, or the steam engine, or the electro telegraph, which 
" opened to their inventors the portals of the Pantheon of immortals. For such 
" as these the love of fame and the glory of being benefactors of human kind 
" served alike as motive and reward, but to the patient laborer in workshop and 
" factory the incentive of fame and glory is absent. For them the stimulus of 
" the rewards offered by our patent laws is needed to encourage by the hope of 
" profit that zealous eagerness to improve processes, to remedy defects in 
" machinery, to invent new methods and appliances for saving labor and cheap- 
'* ening production in the numberless articles that are in daily use. It is this 
" stimulus that has made the American mechanic the m.ost alert, observant and 
" studious of any in the world, and it is the indefinite multiplications of these 
" small inventions and improvements that has wrought an industrial revolution 
" and brought this country to the forefront of the world commerce. It was the 
" consciousness that in the knapsack of every private soldier there might be 
" the baton of a marshal of France that inspired her soldiers to unparalleled 
" achievements. In our unheroic industrial age the central processes of a 
" nation's life lie in production and distribution. The protection and hope of 
" profit held out by our patent laws inspires that stimulating energy which leads 
" to experiment, invention, and all the resulting benefits; a refusal of that por- 
" tection in a proper case will deaden and destroy it." 

In the case of George Frost Company vs. Cohn et al., 119 Federal Reporter 
605, the Court of Appeals says:— 

" composed, as supports substantially similar to the one patented by Gorton 
" were old, except that instead of having a button with a rubber shank or wholly 
" of rubber, the button and shank were of metal." 

Nevertheless, the patent was sustained. As the Court says: — 

" It is not necessary to the patentable novelty of a device which consists in 
" employing a new material for an old one in constructing one of its parts, that 
'* the substitution should involve the discovery or utilization of an unknown or 
" unexpected property of the material." 

Many great inventions seem most simple when once made and disclosed. 
It is only the wisdom which comes after the fact which tells us that any one 
could have done what the inventor did. 

In the well-known case of Corning vs. Burden, 15 Howard 252, speaking of 
an art, the United States Supreme Court says: — 

"A new process is usually the result of discovery; a machine, of invention." 



14 , WILLIAM C. LINTON 



About the year 1828, James Neilson discovered that a hot blast of air thrown 
into a furnace was more effective than the cold blast previously used. Neilson 
filed an application for patent, and described an apparatus for making use of this 
discovery by heating the air blast before it was directed into the furnace, and 
his patent was sustained by the courts in numerous instances, in one of the deci- 
sions relating to which the court said: — 

" The patent law is not confined to new machines and new compositions of 
" matter, but extends to any new and useful art or manufacture. A manufactur- 
" ing process is clearly an art within the meaning of the law." 

Having once made a discovery in an art relating to manufacture, tlic 
machine for carrying the discovery into effect may be as simple as falling off a 
log — as simple as the hot blast described by Neilson — yet if the patentee 
describes one way of carrying his discovery into effect, he is entitled to a patent 
for his method or process as a new art, or an improvement in an art. 

" This means by which the principle (new discovery) is applied may be 
" devoid of invention, and such as any workman skilled in the art wherein the 
" application is made might supply when the discovery is told him." Potts vs. 
Creager, 155 United States. 597. 

Cases might be cited almost indefinitely where patents have been procured 
and sustained, in which the apparent difference between the patented article, 
machine or process and the prior art was slight, but in many instances this 
apparently slight difference brought success from failure, and rendered the 
old more valuable, thereby revolutionizing and making useful what had liere- 
tofore been of little or no value. 



VALUE OF AN INVENTION 

This leads to the consideration of a question which is frequently submitted, 
to a Patent Solicitor, viz., what is the value of a given invention. A complete 
answer would involve the consideration of too many details for a publication of 
this character. Value may be given to an invention by one man who will realize 
a fortune from it because of his energy and perseverance, where another would 
accomplish practically nothing. One of the reasons for this is frequently the 
desire of inventors to realize vast fortunes from little effort within a too limited 
time. -A patent is a monopoly which, in hands that are fit, may result in the 
manufacture and sale of vast quantities or numbers of the patented articles, but 
if the inventor seeks to overcharge for what he has, he must expect the same 
fate as one who seeks to place too high a price upon any article of commerce. 
The public is appreciative, and is always willing to pay an advance for move 
perfect goods, but where the price is made prohibitive, then more primitive 
articles of manufacture can and will be used, even though the patented article 
is much superior. Each invention must rest upon its own merit, and no hard 
and fast rule can be laid down for determining the value of inventions. The 
same perseverance which leads to the perfection oFa machine if properly applied 



MONTREAL AND WASHINGTON 15 

to the commercial side of the transaction will undoubtedly result in a profit pro- 
portionate to the value of the machine, and the 'energy displayed in placing it 
upon the market, and it is for the inventor to determine by his method of man- 
agement what is the real value of an invention. 

POSSIBILITY OF SECRET USE 

Secret use of an invention is not consistent with the progress of the age and 
is not protected by' the courts. If a manufacturer has an invention whicli is of 
great value, such value exists only because it confers a monopoly upon the 
possessor of the secret. This monopoly vanishes as soon as the secret is dis- 
covered and the whole world may then do what was therefore done in secret. 
No one can prevent it, and no law, but the patent laws, may be invoked to 
restrain any one from doing what is considered useful to mankind. 

It would be practically impossible to keep secret a valuable invention for 
fifteen or eighteen years, and derive a revenue from it, yet the patent laws confer 
a monopoly for that term, during which no one but the owner of a patent may 
use the patented invention. 

PATENTS— WHAT ARE THEY? 

A patent is a contract made between the Government issuing the patent and 
the inventor, in which both parties have conditions to perform. The conditions 
are reciprocal and all patents are based on them. 

These conditions are that the Government will grant to the inventor 
provided he is entitled to it, a monopoly of the use of the article, machine 
methods, etc., for a fixed period of time, upon the condition that the inventor 
at the expiration of that period, gives the invention to the public. 

The conditions of the contract upon which a patent is granted vary in all 
of the nations and governments having patent systems. 

In most of the countries, however, the condition is that the thing sought to 
be patented, must be new and useful, and a patent can be obtained only when 
such is the case. As this is absolutely essential, and upon these points the 
application filed must stand or fall, it is readily seen that each inventor, before 
going to the expense of an application, and the paying of Government and 
attorney's fees, should first ascertain if his invention will probably comply with 
these conditions. If the invention is not new and useful, no patent can be 
obtained, and the inventor has nothing to show for the money expended. 

The inventor should therefore have a search made to ascertain as to whether 
or not his invention is new and useful. In this connection the inventor should 
send me a comprehensive sketch or model of his idea, and a description which is 
sufficiently clear to be understood. 1 will then make a search of the pertinent 
U.S. patents in the class to which the invention relates and send my report 
as to whether the invention is probably patentable. 



16 WILLIAM C. LINTON 



SEARCH 

What it is. — My search of the records of the Patent Office is to ascertain 
if any patents have been granted which would prevent the granting of a patent 
for the invention submitted. This search is made in the United States Patent 
Office, where the system under which the patents are classified, etc., is more 
complete than in any other country. When a search as to novelty is made in the 
United States Patent Office, all available U.S. patents are carefully examined 
to find the various features of invention disclosed in the model or drawing 
submitted. The result of that examination is reported to the inventor. I 
advise a search in the United States Patents Office for the reason that the 
authorities have provided for inspection some 1,300,000 copies of United States 
Patents, each for a different invention, and all arranged in classes and sub- 
classes for making searches. 

The Examiners of the Patent Office do not make searches prior to filing 
applications for Patents, and it should be clearly understood that a search made 
at Washington prior to filing an application is made among United States 
patents only, as foreign patents are not separately classified for public inspection. 

If a better place than the United States Patent Office existed, in which 
searches could be made, I would make searches in such better place. 

If an invention is disclosed in a United States patent, or in a patent granted 
in any country, such invention is not patentable in Canada to another person, 
hence I prefer to make all searches in the United States Patent Office where the 
largest number of patents are open to our inspection. Nearly every good thing 
patented anywhere has been patented in the United States, so that a search of 
the United States patents in a particular class tells nearly all that is worth 
knowing in that class, and should be accurate in ninety per cent, of cases. 

I also make searches of the records of the Canadian Patent Office when 
desired. 

A special search is a wise safeguard as it often prevents the useless expendi- 
ture of money in endeavoring to secure a patent where none can be obtained. 

A favourable report will often enable inventors to interest capitalists in the 
inventions, at least to the extent of advancing the money necessary to take out 
the patent. In this connection it should be said that it is not necessary to find 
a man of large means to assist you in obtaining a patent. Nearly any inventor 
has among his friends and neighbors a dozen or more in moderate circumstances 
who can command the small sum necessary to secure a patent, and who will 
be only too glad to advance the money upon condition of becoming the owner 
of a part of the patent. After the inventor has ascertained the patentabi- 
lity of the invention, he should easily find many persons only too willing 
to invest a few dollars in order that they may participate in his good fortune. 
I should, therefore, advise all inventors, especially those who have not funds 
to pay the entire cost of patent, to have a special search made of the records 
of the Patent Office, in the first place. My report, if adverse, will save 



MONTREAL AND WASHINGTON 17 



them money, as they will not persist in fruitless efforts to obtain a patent at a 
loss to themselves; and if favorable, will probably enable them to make arrange- 
ments with moneyed people, who will almost invariably advance the cost of a 
patent in consideration of the assignment of a part interest in it, but who would 
rightly hesitate to put their money in the venture without such assurance. 

Dependent upon the findings of my preliminary examination of the perti- 
nent classification of U. S. patents in the Patent Office, a report will be directed 
to you. In this report, I will definitely give my opinion, based upon the findings 
of the examination, of the advisibility of proceeding with an application for 
Letters Patent. In the event that the invention appears to be anticipated in the 
prior patented art, this will be definitely stated. On the other hand, if the in- 
vention, in my opinion, is patentable, then an application for Letters Patent 
protection should be proceeded with, and in order that you will be acquainted 
with the outlay to be made for preparing and filing such an application in the 
Patent Office, I will quote a fixed charge for these services. 

I do not expect the inventor to rely entirely upon my opinion, even though 
the same is the result of careful study and thought, and accordingly, when mak- 
ing report to him upon the findings of a preliminary examination, copies of 
such prior patents as are located will be enclosed therewith. In this way, it will 
be appreciated, that you will be acquainted with the situation and also placed 
in a position to pass judgment, personally, upon the subject. 

When instructing me to proceed with the preparation of a case, an ad- 
vance fee, usually of about one half of the amount charged for preparing and 
filing the case should be remitted. This fee not only shows good faith upon 
part of the client, but also, is applied to partially defray the expense incurred 
by such preparation of the application. 

Upon completion of the preparation of the application, the same will be 
then forwarded to you for your inspection, approval and execution, whereupon 
it should be returned to my offices with the balance of fees due for filing in 
the Patent Office. 

WHO CAN OBTAIN A PATENT 

Any person, adult or minor, who is the first and original inventor or 
discoverer, may secure a patent, regardless of his nationality. 

The words "Any Person,** in the United States mean a minor as well as an 
adult, a married woman as well as an unmarried, joint inventors no matter how 
many in number, and foreigners as well as United States citizens. 

A deceased person's invention can be patented on the application of his 
executor or administrator. 

JOINT INVENTORS 

Whenever an invention is the joint product of two or more minds, a Patent 
thereon must be jointly applied for by all the inventors, and if a Patent for a 
joint invention is taken out by any number of such inventors less than the whole 



18 WILLIAM C. LINTON 



the Patent is invalid. The fact that one man furnishes the capital and another 
makes the invention, does not entitle them to make application as joint in- 
ventors. In such case, the patent should be applied for by the inventor alone, 
who may, however, assign any part of his rights during the prosecution of his 
application, before the issue of the patent, and thereby cause the patent to 
issue to the inventor and assignee jointly. Such assignment should be recorded 
in the patent office, as provided by the law. 

JOINT OWNERSHIP 

Joint owners of a Patent, whether by assignment or joint invention, have 
the right to work the invention independently without accounting to one 
another. It is advisable, therefore, that such parties should have a special 
Agreement drawn up by a competent person, defining the rights and powers of 
each. 

THE PATENT APPLICATION 

This consists of the Petition, Specification, Drawings and Oath. Of 
these the specification, claims and drawings are of the most importance, the 
petition and oath being matters of form. 

As the original application determines the point of greatest breadth to 
which the patent can be construed, it will be readily understood that the 
preparation of the specification, claims and drawings are matters of the greatest 
importance to the inventor, as upon them the patent must stand or fall. To 
more clearly show the value of these parts of the application, we give a short 
description of the requirements of each. 

THE SPECIFICATION 

The specification is the Key-Stone of the patent, for on it all of the re- 
maining portions must depend for support. If the specification is prepared in 
an unskillful manner, by reason of ambiguous wording, insufficiency of descrip- 
tion, etc., a patent granted thereon would be practically worthless, inasmuch as 
it would be impossible to determine the value and effect of the claim and of the 
patent. The specification must be so " full, clear and exact as to enable any- 
one skilled in the art to which the invention appertains to make and use the 
same." And such must necessarily be the case, since the specification forms the 
only basis upon which the public can make use of the invention after the patent 
has expired. 

The preparation of the specification is therefore of the greatest importance, 
and should only be done by a person having extensive training in this particular 
branch. It appears to be an easy matter to describe an invention, and set forth 
its objects and advantages; yet, on looking over the decisions of the Courts, 
which are the sole judges of a patent, it will be found that a vast number of 



MONTREAL AND WASHINGTON 19 

patents have been declared void and invalid by reason of a defective specifica- 
tion. 

The brainiest legal practitioners do not undertake to prepare a specifica- 
tion, leaving it to be done by some person especially trained to this work. They 
tacitly admit their inability in this particular line, although they are authorities 
on legal questions. 

When it is considered that each specification must contain, in addition to 
the complete description, the points on which the demand for a patent is made 
(which in many cases are imperceptible even to the experienced eye of the 
expert), it can be readily seen that it is something which should not be left to 
novices, and especially is this true in patents for inventions of great utility, 
where the success of the manufacturer leads others to attempt to imitate. This 
is the crucial test of the patent. Suits for infringement are threatened, and 
the services of patent lawyers, versed in all of the intricate details and require- 
ments of the patent laws, are brought to bear in the attempt to have the patent 
declared invalid. Each minute part of the application and patent are carefully 
scrutinized and examined, with a view to finding some flaw. The most attention 
is paid to the specification, and why ? Because it is the most vulnerable part of 
the patent. These legal luminaries well know that although the claims may be 
subject to attack on the point of prior anticipation, yet these claims would be 
held valid, if there is any patentable merit in them, but such leniency would not 
be exercised in respect to the specification — that must be "full, clear and 
exact," — and the least defect in it will prove fatal. What chance would there 
be in such a case, for a specification prepared by a novice with little or no 
experience ? 

To prepare a specification, which will be able to withstand the many pitfalls 
in the Courts, requires a mind able to grasp, by intuition, the subtle differences 
in inventions, and such ability can only be acquired by experience combined 
with a knowledge of the arts and manufactures, each different and in a constant 
state of improvement. To this must be added the ability to present these 
differences in a legal manner, in order that their full force and effect can be seen 
and felt, without any possibility of doubt as to what is meant. 

In fact, the specification must be prepared with a foresight sufficient to 
guard against attacks of every kind and nature, that may be brought to bear 
against it at a future period, where the attacks have the advantage of extended 
thought and research. 

This service must necessarily be expert and cannot be furnished by a cheap 
attorney. He cannot pay for it. And he must leave the work of prepara- 
tion to novices. The average inventor does not consider this point and sends 
his work to the lowest bidder, with the consequence that many of the patents 
granted are not worth the paper they are printed on. He finds, when it is too 
late, that he has been " gold-bricked " and regrets his folly in saving the small 
difference in cost, this saving, though small, being sufficient to cause the differ- 
ence between a worthless and a valid patent. The inventor would do well to 
follow the example of the manufacturers in this respect. 



20 WILLIAM C. LINTON 



Too much skill can never be exercised in the preparation of a specification, 
Fraser says: 

" The drawing up of a complete specification is an operation which requires 
the utmost care, skill and attention, for the validity of the patent will depend 
on this document being clear, explicit and circumstantial. Few inventors 
will venture to assume a task which is calculated to try the capacity and ex- 
perience of the most able professional man.'* 

Godson says: 

"In the specification the invention must be accurately ascertained and 
particularly described; it must be set forth in the most minute detail. The 
disclosure of the secret is considered as the price which the patentee pays for 
this limited monopoly, and therefore it ought to be full and correct (for the 
benefits thus secured to him are great and certain), in order that the subject of 
his patent may, at its expiration, be well known, and that the public may reap 
from it the same advantages as have accrued to him." 

The specification has two objects: one is to make known the manner of 
constructing the machine, if the invention is of a machine, so as to enable 
artisans to make and use it, and thus to give the public the full benefit of the 
invention after the expiration of the patent; the other is to put the public in 
possession of what the patentee claims as his own invention, so as to ascertin 
if he claims anything that is in common use, or is already known, and to guard 
against prejudice or injury from the use of an invention which the public may 
otherwise innocently suppose not to be patented. See Evans vs. Eaton, 7 
Wheat, 356. The specification must be perfect of itself, an imperfect descrip- 
tion makes a patent void, see Wayne vs. Homes, 1 Bond, 27; it must explain the 
principle of the invention and state the best known mode of constructing and 
operating it, see Grier vs. Castle, 17 Fed. Rep. 523; 24 O. G. 1176; it must 
distinguish the new from the old, see Sawyer vs. Miller, 12 Fed. Rep. 725; and 
describe some practicable method of carrying the invention into effect, see ex 
parte Schoonmaker 13 O. G. 595; it is sufficient if, from it alone, a competent 
mechanic can construct the invention, see Wayne vs. Holmes, 1 Bond, 27. If 
the description is sufficient to enable those skilled in the art to which it pertains 
to make and use the invention the requirement of the law is satisfied, see Loom 
Co. vs. Higgins, 21 O. G. 2031; Roberts vs. Schreiber, 18 O. G. 125. *' Persons 
skilled in the art " are those of ordinary and fair information, not of special 
excellence, see ex parte Kerr, 28 O. G. 95. If on the assumption that certain 
matters are known to those skilled in the art, the specification is intelligible, it 
is sufficient, see Hancook Inspirator Co. vs. Lally, 35 O. G. 1001; and if a 
description is sufficient at the date of the patent subsequent discoveries cannot 
make it less so, see Celluloid Mgr. Co. vs. Am Zylonite Co., 40 O. G. 1453. 

A failure to describe an essential element avoids the patent, see Schneider 
vs. Hill, 5 Bann & A., 565. Absolute precision is not required, see Dorsey Har. 
Rake Co. vs. Marsh. 6 Fisher, 387; but nothing can be patented unless it can be 
described, and a patentee cannot have invented what he cannot describe, see 



MONTREAL AND WASHINGTON 21 

Smith vs. Downing, 1 Fish. 64. Mistakes in naming the invention, or in assign- 
ing the invention to its proper class, as by calling it a product when it is a pro- 
cess, do not render the description insufficient, see Foye vs. Nichols, 23 O. G. 
2243. 

Modifications and appliances which would suggest themselves to ordinary 
mechanics need not be mentioned, see Union Paper Bag Co. vs. Nixon, 4 O. G. 
31; nor is it necessary to describe all the uses of the invention, see Pike vs. 
Potter, 3 Fisher, 55. Ambiguity in the description is fatal, irrespective of the 
intent of the inventor, sfee Blake vs. Stanfiford, 3 Fisher, 294; but not unless the 
description is rendered unintelligible, see Swift vs. Whisen, 2 Bond 115. 

False suggestion in a material part of the specification avoids the patent 
see Delano vs. Scoot, 1 Robb, 700; and concealment by which the patentee 
obtains an advantage over the public, if wilful, avoids the patent, see Heath vs. 
Unwin, 2 Webb, 236. If the invention relates to a machine the specification 
must clearly describe the exact construction and operation of every part thereof, 
and the machine as a whole; if it relates to a process, it should describe the pro- 
cess step by step, as well as the operation as a whole; if it relates to a composi- 
tion of matter, it must enumerate all the different materials entering into such 
composition, the proportions of each, the manner of combining them, and the 
essential qualities of the resulting composition. 

THE DRAWINGS 

The preparation of the drawings should receive the same care and atten- 
tion as the specification, in fact, the specification and drawings are of almost 
equal importance. 

While the specification must be complete in description, the drawings must 
clearly set forth what is meant by the various terms and phrases used in the 
specification, serving as 2 lamp by which the invention described in the speci- 
fication may be clearly seen and understood. 

The drawing must be clear and concise, and must conform to the rules 
of the Patent Office. They must present the invention fully and completely 
and leave no doubt as to what is intended to be disclosed in the specification. 

The figure of the drawing must be of a size to clearly show the parts, and 
a sufficient number must be made to show each and every portion of the in- 
vention. And in a patent for an improvement on an existing machine, suffi- 
cient views must be made as will clearly indicate to what portion of the old 
machine the improvements are attached. 

A great deal of unnecessary trouble is often caused, in the prosecution of 
applications, by reason of the small scale on which the views are shown. This 
is caused by the attempt to illustrate the invention on a limited number of 
sheets of drawings. Suth limitation always works to the disadvantage of the 
inventor, as the small views cannot show the invention in as much detail and 
clearness as views of larger size. My advice on this point is to have the draw- 



22 -" WILLIAM C. LINTON 



ings made on a large enough scale to clearly illustrate the invention regardless 
of the number of sheets. The extra cost will be money well invested, as it will 
allow of the presentation of the invention in a more attractive and, therefore, 
more saleable manner. 

EXTRA DRAWINGS 

During the preparation of an application for patent it sometimes becomes 
necessary to prepare more than one sheet of drawing to illustrate the invention, 
as required by the rules and regulations of the Patent Office. In such cases the 
usual expense of filing an application is increased at the rate of $5.00 to $15.00 
for each additional sheet of drawing required, according to the amount of work 
required on each sheet. 

My experience teaches me that it is money well spent to show every detail 
of an invention by large, clear, well executed drawings. By this means I facili- 
tate examination in the Patent Office, and invariably secure the most satisfac- 
tory results in the shortest period of time. 

THE CLAIMS 

The claim is the gist and soul of the patent. It must contain a summary of 
what is shown in the drawings and described in the specification, but must be 
drawn in a concise manner. Each claim must be for a complete construction, 
and contain sufficient elements to make it complete. All superfluous verbiage 
must be eliminated and the necessary portion " boiled down " and condensed to 
its lowest degree, yet leaving it in such condition that no doubt can be felt as to 
what is meant. The claim should not contain any element, except that which 
belongs explicitly to the invention, as adding of a useless element tends to 
weaken instead of strengthen the claim. 

Like the specification to prepare a claim requires a knowledge of the rela- 
tive legal weight of the elements composing it, but unlike the specification, the 
claim must be presented in a concise manner, stating the meaning and substance 
of the specification, but in terms of the shortest and most definite character. 

It may prove interesting to inventors to know that claims containing the 
least number of elements and having few or no qualifying adjuncts, are the 
groadest ones; and that such qualifying adjunct and each added element lessens 
and limits the value of the claim in a corresponding ratio. 

In preparing claims, it is my object to present them in a perfect legal form 
and with a breadth commensurate with what I think the inventor is entitled 
to. It sometimes happens that I am unable to obtain such claims, but the 
citations of the Examiner enable me to present amendments which will relieve 
the claim from opposition on the part of the Examiner and also prevent any 
chance of being held invalid in the Courts, as far as such chance can be avoided. 

The office of the claim is to define the exact limits of the invention; the 
scope of the patent is governed by the claim, see Yale Lock Co. vs. Greenleaf , 



MONTREAL AND WASHINGTON 23 

35 O. G., 386, and the invention patented is the invention set forth in the claim 
and that only, see Tochey vs. Harding, 1 Fed. Rep. 174; McMillan vs. Rees, 17 
O. G. 1222. If the claim does not define the invention the courts can give no 
relief, see Del. Coal & Ice Co. vs. Packer, 24 O. G. 1273. A patent must stand 
or fall by its claims, see Meissner vs. Devoe Mfg. Co., 2 O. G. 545; and this is so, 
even if the claimed invention be less than the real invention, see Brass Co. vs. 
Miller, 5 Fisher, 48. When the terms of a claim in a patent are clear and dis- 
tinct (as they always should be), the patentee, in a suit brought upon the patent 
is bound by it, and cannot show that the invention is broader than the terms of 
the claims, see Merrill vs. Yeamans, 12 O. G. 980. The court will not go into 
the history of the art, see James vs. Campbell, 21 O. G., 337; nor enlarge the 
claim by the description, see Yale Lock Co. vs. Greenleaf , 35 O. G. 386. Failure 
to claim described matter dedicates it to the public, see Swift vs Jencks, 27 
O. G. 621. 

A claim must be for an operative means, see ex parte Connelly, 1 O. G. 
573; and be for matter so described that anyone skilled in the art can use it, see 
Yogler, vs. Semple, 11 O. G. 923. It must state a concrete invention, not an 
abstraction, see ex parte Designolle, 13 O. G. 65. General truths and forces 
belong to all men and cannot be claimed, see opinion Atty. Gen. 8 Op. ,At. 
Gen. 269. 

But one invention can be embraced in a single claim, see ex parte Bland, 
15 O. G. 775. 

The claim must precisely define the thing invented, see ex parte Mayall, 
4 O. G. 210; and distinguish the invention claimed form all known inventions, 
see ex parte Funck, 14 O. G. 158; Terry Clock Co. vs. New Haven Clock Co., 
17 O. G. 908; and must correspond with the specification, see Knox vs. Quick- 
silver M. Co., 4 Fed. Rep. 809. Every element claimed must be clearly stated, 
not merely inferred, see ex parte Holt, 29 O. G. 101; and such indefinite ex- 
pressions as " means," " mechanism," etc., should not be used except to denote 
appliances that are not essential parts of the invention, see ex parte Stoughton, 
43 O. G. 1345. 

A claim covers all equivalents, see Burdon vs. Corning, 2 Fisher, 477; even 
though the inventor never thought of them, see McNamara vs. Hulse, 2 Webb, 
128; and equivalents should not be expressly claimed, see ex parte Reid 15 
O. G. 882. 

A claim for a function is void, see Matthews vs. Schoneberger, 18 O. G. 
1464; and participal claims are improper, see ex parte Cox, 3 O. G. 2; nor can 
the claim be for a mere result or effect. A claim of the " mode of operation " is 
void, see Hatch v. Moffat, 15 Fed. Rep. 252. The claim should be drawn to 
cover the construction of a machine or apparatus, not its mode of operation, 
or the result produced. 

Alternative claims are not allowable, see ex parte Holt, 29 O. G. 171. 

While claims for the same thing may be repeated in different language in 
order to prevent misunderstanding, see ex parte Hahn, 8 O. G., 597, the claims 
should not be unnecessarily multiplied. 



24 WILLIAM C. LINTON 



Claims for separate but dependent inventions may be joined in a single 
application, see ex parte Smith, 2 O. G. 117; but separate and distinct inven- 
tions, capable of separate use, cannot be so claimed. 

The claim for combination of elements must embrace specifically all of the 
essential elements necessary to produce a distinct and operative combination, see 
ex parte Rhentan, 5 O. G. 521; it should not include non-essential elements, 
see Rapid Service Store R. R. Co. vs. Taylor, 42 O. G. 721; nor the connecting 
mechanism unless it is an element in the combination or is essential to the 
comprehension of what is claimed, see ex parte Skinner, 19 O. G. 662. A claim 
for an inoperative combination is void, see Torrant vs. Duluth Lumber Co., 39 
O. G. 1425. Each of the elements and sub-combinations, if new and patentable, 
may be separately claimed, as well as the combination of a whole, see Stevens 
vs. Pritchard, 10 O. G. 505; Bank vs. Snediker, 17 O. G. 508. 

The claim for an art or process should enumerate each of the acts or steps 
of the process in the order in which they are employed; and in such a manner 
as to identify them with the acts or steps set forth in the specification (see Rob- 
inson on patent §529), and each step of a process, if a true sub-process, may also 
be separately claimed, see ex parte Wilson 16 O. G. 95. A general claim for a 
process covers all ways of performing it, see Tilghman vs. Proctor, 19 O. G. 859. 
It does not, however, necessarily cover the product, see Goodyear vs. Wait, 5. 
Blatch, 468; and does not protect the product if the product can be made in any 
other way, see Goodyear vs. Railroad, 1 Fisher, 626. Mere mechanical pro- 
cesses are not patentable, see Medart vs Risdon Iron Works, 71 O. G. 751. 

The claim for a machine must be drawn to cover a specific piece of mecha- 
nism or apparatus; it must not be drawn so as to claim a mode of operation, a 
principle, an idea, a means of producing an effect or an effect produced, see Burr 
vs. Buryea, 1 Wall, 531. If the invention does not embrace an entire machine 
the parts invented must be distinctly claimed, see Seymour vs. Osborne, 11 
Wall, 516. Each subordinate mechanism may be separately claimed, even 
though not useful by itself, see Wells vs. Jacques, 5 O. G. 364. The claim for 
composition of matter should set forth its elements, the mode of combination, 
and the essential qualities of the resulting compound, see ex parte W^illiams, 
10 O. G. 748. A composition of matter requires but a single claim see ex parte 
Wheat, 16 O.G. 360. 

The claim for a manufacture should set forth the essential qualities and the 
mode of making it, see U. S. Nickel Co. vs. Pendleton, 24 O. G. 704. A manu- 
facture must be claimed as a new product and independently of the process of 
making it, see ex parte Mayall, 4. O. G. 210. 

The claim for an improvement upon a known art or machine must clearly 
state the exact improvement made, see ex parte McMurray, 8 O. G., 943; and 
must distinguish the new from the old, see Brown vs. Selby, 2 Bissell, 459. It is 
not sufficient that persons skilled in the art can distinguish the improvement 
from the original invention, the claim itself must show it, see Foxwell vs. 
Bostock, 10 L. T. Rep. N. S. 144. 



MONTREAL AND WASHINGTON 25 

Claims must be either generic or specific. A patent claiming the genus, 
dominates all subsequent patents claiming only the species, see ex parte Ewart, 
17 O. G. 448. Generic claims do not cover functions results or effects see ex 
parte Beairs, 16 O. G. 1233. An inventor of a species before anyone else 
invents the genus, or any other species, may claim the genus, see ex parte 
Gardner, 17 O. G. 626; but no patent with generic claims can be granted after 
one with a species, see ex parte Upton, 27 O. G. 99. 

Patents for inventions are treated as a just reward to ingenious men, and as 
highly beneficial to the public. Specifications are, therefore, clearly entitled to 
a liberal construction, since they are granted, not as restrictions upon the rights 
of the community, but ** to promote science and useful arts." Blanchard vs. 
Sprague, 2 Storey, 164. Under the fau: application of the rule " ut res magis 
valeat quam pereat," patents are, if practicable, to be interpreted as so to 
uphold and not destroy the right of the inventor, see Turrill vs. Railroad Com- 
pany, 1 Wall, 491. 

A claim cannot be dissected and accepted or rejected piecemeal, but must 
stand or fall together, see ex parte Smith, 1 O. G. 403. A claim may be valid 
for what it claims, though it does not claim the full invention, see Wilson vs. 
Coon, 19 O. G., 482; but a claim exceeding the limits of the actual invention is 
void, see Milligan vs. Lalance & Grosjean Mfg. Co., 29 O. G., 367. 

When several claims are present in the specification, the presence of a void 
claim does not affect those which are good, unless there is an evident intention 
to mislead the public, or an unreasonable delay in filing a disclaimer, see Tyler 
vs. Galloway, 22 O. G. 2072; Christiman vsa Rumsey, 17 O. G. 903; Burdett vs. 
Estey, 15 O. G. 877. | 



HOW TO OBTAIN PATENTS 



Anyone having a device which he wishes protected by patent, should send 
me a comprehensive sketch, photograph, drawing, or model, together with a 
description. He should describe his invention in his own way and not endeavor 
to follow set forms. If the invention be complicated he should designate the 
operative parts in the sketch, drawing or photograph or model, by letters or 
numerals and refer to them in the same way in his description. The more 
complete the sketch the better I will be able to understand the invention. 

A model is not required by the Patent Office, but it will often enable me to 
arrive at a clear understanding of a complicated invention in the shortest pos- 
sible time. It is also useful in illustrating an invention. It need not be a working 
model. If an inventor has a model it would be best to send it to me by express 
or mail prepaid. Inventors should take special care to mark their models 
plainly with their names and addresses in order that I may identify them. 



26 WILLIAM C. LINTON 

He should mention the countries in which he desires to secure patents and 
remit the advance fee (see page 5). (f) On receipt of this remittance and a 
description and drawing, or model (a search not being desired by the applicant), 
I promptly prepare the application papers, and forward them to the inventor 
for approval and execution. 

If the papers are satisfactory, they should be formally executed and return- 
ed to me without delay. The balance of my fee should accompany the executed 
papers. 

The cost of preparing and filing an application for patent is stated in the 
schedule of charges, see page 5 but this fee is only based on a simple application 
containing one sheet of Patent Office drawings and one thousand words of 
description in the specification. For each additional sheet of drawing 
an extra charge is made, see page 21, and for each additional one hundred 
words of description over the original one thousand of description a fee of 
$1.00 is charged. This minimum fee covers the complete preparation of the 
application papers such as the petition, specification, claims, oaths and one 
sheet of drawing, but it does not include, any oppositions, interferences, prosecu- 
tions or appeals. 

SENDING ENGINEER TO FACTORY, SHOP, ETC. 

I am often called to prepare large cases requiring many sheets of drawings , 
such cases requiring the presence of my draughtsman at a mill or shop, in order 
to make the drawings from the machine itself; and in this class of cases I make 
an extra charge to cover the time of the draughtsman and his travelling expenses. 

Don't Delay. — Inventors should file applications for Letters Patent 
without delay. Patents are av/arded to the first inventor, and he is the first 
inventor who first conceives the idea, puts it into practical form and promptly 
declares his claim to it. 

PATENT APPLIED FOR 

The above brand is often found on articles sold on the market, and all 
applicants for a patent have a right to use it if they wish to engage in the sale of 
their invention while the application is pending. While I always advise my 
clients to defer taking any step to introduce their inventions till the patent is 
secured, because of the danger of giving an advantage to unscrupulous persons, 
there are certain inventors who seem content to take such risks, and to such I 
would say: Be sure and put " Patent Pending " or " Patent Applied For " on 
your invention before introducing it to the market. 



fThis sum is always required as a guarantee of good faith and is kept as 
an account on my fee in cases where applicants change their mind after the 
order is given, and decide not to file their application. 



MONTREAL AND WASHINGTON 27 

The extensive manufacture and disclosure of your invention, while the 
application is pending, is likely to cause you to lose the right of obtaning 
foreign patents thereon, as some one, seeing your invention on the market, may 
proceed to patent it in foreign countries; for under the practice of some of the 
countries in Europe, the first applicant, whether the inventor or not, is entitled 
to the patent. You will have plenty of time, after the patent is formally issued, 
in which to have samples of the invention made and the invention introduced, 
and you can do so then with perfect safety. 

TIME REQUIRED TO OBTAIN A PATENT 

It is quite impossible to give the exact time required to secure the allowance 
of a patent. It depends on the amount of work in the division of the Patent 
Office to which the application is referred. There are many divisions, and they 
are more or less in arrears with their w^ork. V^ery seldom a patent is granted 
under three months after the application is placed. 

I am very prompt with the preparation of the requisite papers and draw- 
ings. Every case is filed at the earliest moment, and is carefully watched until 
the patent is secured. 

COURSE AND TREATMENT OF AN APPLICATION IN THE PATENT 

OFFICE 

When an application is received at the Patent Office, it is first inspected to 
determine if it is complete, and, if so, it is given a serial number and filing date 
after which it is sent to that division containing inventions to which the subject- 
matter set forth in the application relates, where it is placed on file in the order 
of its receipt, awaiting its regular turn for action. 

Owing to the many divisions in the Patent Office, and so different the 
amount and nature of the work in each, it is impossible for anyone to tell a 
client exactly when his case will be acted upon after filing; for the time may be 
anywhere from three to six months, or more. 

When the case is reached by the Examiner in charge thereof, an examina- 
tion is made of the formal portions of the application to see if there are any 
informalities in the preparation of the same. If any informalities are found, 
they form the basis of the first action. 

The application being in proper form to be considered on its merits, an 
examination is made of patents already issued in this and other countries, or 
prior printed publications, caveats, and other pending applications, to ascertain 
v/hether or not the claims are allowable or whether they should be rejected in 
whole or in part in view of the prior state of the art, the decision being em- 
bodied in an official communication w^hich is sent to the solicitor having charge 
of the application. 

An experienced attorney who desires to obtain for his client all to which he 
i 8 entitled, has often a difficult task to perform upon receiving a rejection of the 



28 WILLIAM C. LINTON 

application; for such rejection may be for lack of invention, generally speaking, 
for anticipation by existing patents or printed publications, or possibly because 
the case is not thoroughly understood by the official making the examination. 

It is then the duty of the attorney to examine carefully all the reasons which 
are urged against the granting of the application, to judge of the value of such 
objections, and to prepare such an amendment, if deemed necessary, as shall 
overcome such objections, submitting with the same such argument as may be 
advisable. 

After an amendment the application is again considered by the Examiner 
who may again reject it in whole or in part, applicant's attorney, after each 
action, being entitled to again amend or present new arguments in behalf of 
applicant's position. 

When the objections raised by the Examiner have been overcome by argu- 
ment or amendment, the application is allowed. 

In the United States Patent Office, after the same claims have been a second 
time or finally rejected upon the same references, an appeal may be taken from 
a decision of the Examiner to the Board of Examiners-in-chief, from whose 
decision an appeal lies to the Commissioner of Patents, and a further appeal 
lies from the Commissioner to the Court of Appeals for the District of Columbia. 

I have found that a careful preparation of the application in the first 
instance, followed by painstaking and carefully studied amendments, will 
usually obtain for the inventor all that he is justly entitled to without recourse to 
an appeal \\ ith its extra expense. 

In some cases, however, applicant may be clearly entitled to the claims 
which the Examiner refuses. 

In such instances, I prepare and prosecute necessary appeals. 

My fee covers the preparation and filing of the application, and the 
adjustment of technical difficulties that may arise in the Patent Office but not 
the prosecution of an application rejected on prior patents or other anticipations. 



MONTREAL AND WASHINGTON 29 



UNITED STATES PATENTS 

The Act of 1790 created the United States Patent System; and up to the 
present time over 1,300,000 patents have been issued by the United States 
Patent Office to inventors residing throughout the world. The total number of 
patents granted in countries outside the United States numbers in all about 
2,700,000. 

WHAT PATENTS ARE GRANTED FOR 

Patents are granted for a term of seventeen years or any new and useful 
art or process; machine; manufacture; composition of matter; or a new and 
useful improvement of any of these, Provided the art, machine, manufacture, 
composition of matter, or improvement was not known nor used by others; and 
has not been patented or described in any printed publication in this or any 
foreign country, before the applicant's invention or discovery thereof; and has 
not been in public use or on sale in the United States for more than two years 
prior to the application for patent. 

A United States patent will not be granted to an inventor who has obtained 
a foreign patent, unless his U. S. application be made within twelve months 
of the date of filing his foreign application. 

Independent separate inventions cannot be included in one patent. 

To properly secure protection on a machine and its product, two patents 
are required, one for the machine, the other for the product. 

In filing an application for patent the same must be accompanied by a 
Government fee of $15.00. The application is then taken up for action and if 
found allowable, a formal notice of allowance is received stating that you have 
within six months from the date of this notice of allowance to pay the final 
Government fee of $20.00. This final Government fee covers the printing of 
your official Letters Patent so that copies of your patent can be obtained by any 
one for the sum 10c. 

FORFEITURE AND RENEWAL 

If the final Government fee of $20.00 is not paid into the Patent Office 
within six months following date of allowance of patent, the application forfeits, 
subject to petition for renewal , and such petition may be filed at any time within 
two years from the date of original allowance of patent. The law provides that 
the final Government fee for issue of patent may be paid at any time within six 
months from date of re-allowance. If a case forfeits a second time, or even a 



30 WILLAIM C. LINTON 

third time, petition for renewal may be filed, provided not more than two years 
have elapsed counting from original date of allowance. Upon filing of petition 
for renewal a Government fee of $15.00 must be paid, and my fee is $10.00 for 
preparation, filing and prosecution, except that if new citations are made by 
the Patent Ofiice, or claims originally allowed are rejected on any ground 
necessitating, practically, a re-prosecution of the application for patent, an 
additional charge consistent with the amount of extra service involved, is of 
course rendered necessary. However, renewal cases in which necessity for such 
extra charge arises are not usual. 

DIVISION 

If the Patent Office requires division in your case it means that the official 
Examiner in charge thereof holds that your application embodies more than one 
invention. The law contemplates that but one invention shall be covered in one 
patent. 

I cannot undertake to here make plain the full technical reasons for 
division. It is sufficient to say that the requirement arises if different elements 
of the structure of the invention are examinable in different Examining Divisions 
of the Patent Office, as but one examination as to patentable novelty will be 
made for one filing fee. 

Another ground for division may be based upon a ruling of the Examiner to 
the effect that two or more elements of the structural combination are not 
dependent one upon the other for successful operation. For instance: assume 
that your invention is a vehicle running gear. The brake mechanism may be 
such as would operate successfully without regard to the form of spindle, reach, 
or fifth-wheel shown; and the same may be true as to the independent use of 
each of the other elements. In such cases three divisional applications would 
have to be filed in order to claim patentable novelty for each of said elements, 
regardless of the fact that it takes all or the majority of the elements to make a 
complete running gear. 

It is not by any means always possible to forecast official rulings on division, 
but if in any instance I can, I advise the inventor accordingly so that separate 
applications may be filed at the outstart, thereby avoiding the delay that would 
otherwise occur in the prosecution; but unless the prospect of division is un- 
mistakable, I advise the filing of one case at the oustart so that official ruling, 
clearly defining the lines of division, may be had. 

Requirements for division may seem burdensome, yet it is reasonable to 
assume that if an invention has a range of novelty broad enough to support more 
than one patent, a correspondingly greater degree of profit should be derived by 
the inventor. In other words, several patents should bring him more money 
than one. Moreover, it is unquestionably true that the cost of taking out 
several patents is trifling compared with the returns to be expected from a good 
invention, properly and completely patented. Divisional applications of 
course, require fees independently of the original application, and my quotation 



MONTREAL AND WASHINGTON 31 

of cost of patent in any original case is manifestly for one patent only, and does 
not extend to cover any expenses incidental to divisional applications. A 
divisional application usually costs less than an original application. 

I always notify the inventor when division is required, so that he may tell 
me which one of the inventions he desires retained in the original application. 
He can at the same time order me to proceed with the divisional application or 
applications, or this may be deferred until after the prosecution of the original 
case is terminated. It is best, however, to file divisional application or applica- 
tions as early as possible, and particularly during the pendency of the original 
case so as to get the benefit of the filing date thereof. 

In all vases where the Examiner rules that division shall be made, I 
strenuously argue against the requirement if there is any ground for argument. 

UNSATISFACTORY PENDING CASES 

If you have on file in the Patent Office an application that is not progressing 
satisfactorily, you should have me make an investigation. As a result, I will 
give you a full and true report. If I find the case in proper condition, I report 
to you accordingly. On the other hand, or in my opinion the application had 
not been properly prepared, or is not being properly prosecuted, I so indicate, 
and at the same time state to you what my fee will be to take charge of the case, 
put it in proper condition, and complete its prosecution to a final decision. In 
order to make the investigation it is necessary for you to sign a Power to Inspect 
(which I prepare and forward you without charge), and return same to me with 
fee of $10.00, which is my fee for making such investigation. 

INTERFERENCES 

United States. — An interference is a proceeding instituted for the purpose 
of determining the question of priority of invention between two or more parties 
claiming substantially the same patentable invention. The fact that one of the 
parties has already obtained a patent will not prevent an interference, for 
although the Commissioner has no power to cancel a patent, he may grant 
another patent for the same invention to a person who proves to be the prior 
inventor. 

After the declaration of interference, each party is required to file pre- 
liminary statement, which must be sworn to, setting out when he first conceived 
the invention; first disclosed it to others; first made a drawing or model, and 
first made a practical test. The testimony of witnesses should be taken to 
thoroughly cover these points. Each party is bound by the averments con- 
tained in his preliminary statement and cannot prove the date of invention to 
be prior to that set out therein. The case is argued by counsel and decided by 
the Patent Office on the argument and evidence submitted. The patent is 
awarded to the first inventor. 

I desire to C£J1 special attention to a peculiarity in the decisions of the 
United States Patent Office in interference cases which should be borne in mind 



32 WILLIAM C. LINTON 



by my clients, many of whom reside in Canada and countries foreign to the 
United States. In interferences between two or more applications, pending in 
the United States Patent Office between applicants, one of whom is a resident 
of the United States and one a resident of a foreign country, the resident of the 
United States may prove reduction to practice before the date of filing his 
United States application and obtain the benefit of such earlier date, but the 
foreign inventor is limited to the date of filing his United States application 
" The filing of a complete application is a constructive reduction to practice." 
(Croskey vs. Atterbury Comrs. Decisions 1896, p. 437). 

" In the case of an invention made in the United States, the date of con- 
ception may be carried back to the instant when the inventor can be shown to 
have first clearly apprehended his idea of means; in the foreign invention 
only to the moment when some person to whom the conception was familiar 
came within the area of the United States. Where both inventive acts have 
been performed abroad and neither has been patented, the date of the first 
application in the United States is held to fix the date of first conception; while 
if one has been patented, the other not, the former has priority; and if both 
have been patented the date of the first patent is the date of first conception. 
In all these cases, however, the definition and requisite of the conception re- 
main the same." That is, the mental part of the inventive act must be com- 
ple. Robinson on patents. Section 382. " The date of a foreign invention 
cannot be earlier than the knowledge of the invention by samples or other- 
wise in the United States." Hovey vs. Hofeland 2. O. G. 493. 

Therefore it is important, if my clients are working upon inventions which 
they intend to patent in the United States, that they file their United States 
applications at as early a date as possible, so that they may obtain the benefit of 
such earlier filing date in the event of a possible interference. 

I call attention to this matter, not that interferences are frequent, but 
that I may fully inform those who are interested as to the law covering such 
cases when they arise. 

In my experience, very few of my applications are ever placed in inter- 
ference with applications filed by others, and in ordinary cases my clients need 
have but little fear of interference proceedings being instituted. The law on the 
subject, however, is interesting as applied by the United States Patent Ofiice and 
Courts, and a knowledge of these decisions may be valuable to my clients. 

Experienced counsel is required for the successful conduct of interference 
cases, as great skill and experience is necessary. Too much care cannot be 
taken in the preparation of the papers and in the handling of the case from its 
inception to its termination. 

I cannot state with certainty the charges and expenses in interference, 
cases, as they vary with each case. 




':SS^J£^Z^'^^^^^^^^-^^^^S^^^^^^W3:f5^^i 



REPRODUCTION OF A UNITED STATES PATENT GRANT 



MONTREAL AND WASHINGTON 33 

APPEALS 

United States. — If the Patent Office Examiner refuses to allow a patent, 
three distinct appeals are made available to the applicant, namely: — 

First — An appeal from the Primary Examiner to the Board of Examiners- 
in-chief, which is a tribunal composed of five experienced Examiners. This 
tribunal carefully reviews the record of the application, and either affirms or 
reverses the decision of the Primary Examiner. 

Second — In the event of an adverse decision of the Board of Examiners-in- 
chief, appeal may be taken to the Commissioner of Patents in person. 

Third — From the adverse decision of the Commissioner of Patents, an 
appeal may be taken to the Court of Appeals of the District of Columbia. The 
expense of this last appeal is considerable. 

PERPETUAL MOTION 

On machines which involve the perpetual-motion fallacy, the Patent Office 
has for a number of years consistently refused to grand patents. I am in thor- 
ough accord with this practice, as neither I or the Patent Office can be con- 
vinced from a drawing, or non-working machine, that perpetual motion is any- 
thing but a theory. 

All machines or apparatus purporting to create their own energy from the 
power expended, whereby the same will run " until stopped or broken," as 
some inventors express it, are classed as perpetual-motion inventions, and the 
Patent Office Examiner will not even consider an application for patent based 
on such a theory without a w^orking machine. Consequently, I strenuously 
advise inventors of such machines not to file applications for patents until they 
have first demonstrated the invention by a full-sized working machine. 



34 WILLIAM C. LINTON 



CANADA 



Up to the present time the Canadian Patent Office has granted over 200,000 
patents to inventors residing throughout the world, and about 70% of the 
patents issued in recent years have been granted to citizens of the United States, 

During the year of 1918, 7042 patents were granted by the United States 
Patent Office to inventors residing in the Dominion of Canada. 

NOTES ON PATENT LAWS 

WHO MAY BE PATENTEE.— The actual and true inventor, his assigns 
or his legal representatives. Joint inventors may obtain a joint patent. The 
patent may be issued to the inventor alone, or to the inventor and his assignees, 
or to his assignees alone, but the inventor must sign the papers in all cases, if he 
be alive. If the inventor be dead, his assignee or legal representative may sign, 
stating in the oath that he believes that the inventor was the true and first in- 
ventor. 

PATENTS, KIND AND TERM.— Patents of Invention are granted for 
eighteen years, subject to the payment of prescribed fees and proper working 
of the invention. Extensions can only be obtained by special legislative act. 
Caveats may be filed by any intending applicant for a patent who has not yet 
perfected his invention, and the same will remain in force for one year. 

NOVELTY, EFFECT OR PRIOR PATENT OR PUBLICATION.— 

To obtain a valid patent, the application must be filed before the invention has 
been in public use or on sale anywhere, with the consent or allowance of the 
inventor thereof, for more than one year, and in case a foreign patent for the 
same invention exists, before the expiration of twelve months from the date of 
such foreign patent. Section 17 of the law empowers the Commissioner of 
Patents to object to the grant of a patent for an invention which has been de- 
scribed in a book or other printed publication before the date of the application, 
or that is otherwise in possession of the public. 

ARBITRATION. — In Canada the question of priority of invention is 
decided by arbitration or by the Exchequer Court. If by arbitration, the parties 
thereto share the costs; if by the Exchequer Court, the loser generally pays the 
costs, 

APPEALS. — When an Examiner refuses to allow a patent, the applicant 
may appeal to the Commissioner (generally represented by his Deputy, and if 
the Commissioner also refuses, may further appeal to the Exchequer Court. 



■^i 



.firr'^f 1|I'^ ^'sMiiH J >< 




REPRODUCTION OF A CANADIAN PATENT GRANT 



MONTREAL AND WASHINGTON 35 

The cost of this appeal varies with the circumstances of each case; the 
minimum charge being $100.00. 

In filing an application for patent the same must be accompanied by 
a Government fee of $15.00. The application is then taken up for action 
and if found allowable, a formal notice of allowance is received stating that 
you have within six months from the date of this notice of allowance to pay 
the final Government fee of $20.00. The patent after issued rung for the 
full term of 18 years. 

WORKING. — The patent will be void at the end of two years, unless 
within that period the working of the invention shall have been commenced; 
and, after such commencement the construction or manufacture of the inven- 
tion must be continuously carried on in Canada, in such manner that any per- 
son desiring to use it may obtain it, or cause it to be made for him, at a reason- 
able price, at some manufactory or establishment for making or constructing it 
in Canada. This term of two years may, in special cases, be extended upon 
application, which must be made not more than three months before the expira- 
tion of the two-year period, and must contain a statement under oath of the 
reasons upon which the application is based. 

It is considered by good authorities that the actual and continuous manu- 
facture of the patented invention is not necessary to constitute a legal working, 
and it is still the practice to work the patent by corresponding with agents or 
manufacturers who would probably be interested in the patent, and then to 
advertise the patent. 

I correspond with manufacturers, agents, etc., insert the required advertise- 
ment in French and English newspapers, and furnish marked copies of papers 
containing the advertisement for a sum of $35.00. 

EXTENSION OF TIME TO MANUFACTURE.— In exceptional cases, 
when it has been impossible for the owner of the patent to manufacture within 
two years, it is possible to obtain an extension of from six months to a year. 

The matter must be taken before the Commissioner by petition and argued 
orally. 

Sworn affidavits concerning all facts of the petition are required. Very 
few of these extensions are granted. 

My charge in these matters is $35.00 or more according to the time and 
work involved and the nature of the case. 

COMPULSORY LICENSE SYSTEM.— The proprietor of a Canadian 
patent may, within six months from date of same, apply for an order from the 
Commissioner of Patents, reUeving him of the obligation to manufacture the 
patented invention, and subjecting him instead to conditions of Compulsory 
License. 

My charge for preparing, filing and prosecuting a petition for a Compulsory 
License is $10.00. 



36 WILLIAM C. LINTON 

MARKING PATENTED ARTICLES.— Patented articles must be marked 
or stamped with the words " Patented " together with the year of the date of the 
patent; as, for instance, " Patented 1920," as the case may be. 

IMPORTATION OF PATENTED ARTICLES.— If the patentee or his 
assigns, or his or their representatives, after the expiration of twelve months 
from the grant of the patent (or any authorized extension of this time), im- 
ports the invention or causes the same to be imported into Canada, the patent 
will become void as to the interest of the person or persons so causing the 
invention to be imported. The term for importing may, in exceptional cases, 
be extended for a further period of one year, by making proper application. 

My Fee for preparing, filing and prosecuting a petition for an extension 
of time to import, is $35.00 or more, according to the time and work involved. 

The cost of preparing and filing an application for patents in Canada is 
stated in the schedule of charges, see page 5, but this fee is only based on a 
simple application containing but one sheet of Patent Office drawings, and one 
thousand words of description in the specification. For each additional sheet 
of drawing an extra charge is made, see page 22, and for each additional one 
hundred words of description over the original one thousand words of descrip- 
tion a fee of $1.00 is charged. This minimum fee covers the complete prepara- 
tion of the application papers such as the petition, specification, claims, oaths 
and one sheet of drawing, but it does not include any oppositions, interfer- 
ences, prosecutions or appeals. 

CAVEATS 

Canada. — A caveat is a notice to the Patent Office of the applicant's 
claim as inventor in order to prevent the grand of a patent to another person for 
the same invention without notice to the caveator. It comprises a petition, 
specification oath, and when the nature of the case will admit, a drawing. 
It must be limited to a single invention or improvement. Canadian caveats 
are granted to citizens or subjects of any country. 

Whenever an inventor has conceived a general idea of an invention or im- 
provement but requires time to perfect and mature the device or to complete 
its details, he should file a caveat to insure protection. Caveats are kept in the 
secret archives of the Patent Office, and afford protection for one year. They 
may be renewed at the end of the year for an additional year, and so on. A 
renewal fee must be paid in each instance. After a caveat has expired, if not 
renewed, it loses its protective effect. 

The same exactness of description is not required in a caveat as in an 
application for patent, but the caveat must set forth with sufficient precision 
the object of the invention and its distinguishing characteristics. 

The caveat does not enable the inventor to prevent other parties making, 
using, or selling the invention (a patent alone does this), and the fees paid 



MONTREAL AND WASHINGTON 37 

thereon will not be applied as part fees for the seubsequent application for 
patent. 

Caveats are not assignable, but the inventions covered by them may be 
assigned. 



ASSIGNMENTS, Etc. 



An inventor may have the Patent for his invention issued jointly to him- 
self and another party or parties, or solely to such party or parties, by executing 
and registering in the Patent Office, before the issue of the Patent, a suitable 
assignment. 

Care is required in the preparation of assignments of Patents, especially as 
some of the published forms are seriously defective. 

Assignments, special agreements, licenses and other such documents require 
special knowledge and care in their preparation, and many inventors and 
licensees have found themselves deprived of their rights through carelessness in 
not seeing that such papers must be drawn up by competent practitioners. 

All assignments made after the issue of a Patent should be promptly 
registered by the assignee in the Patent Office, so as to avoid any trouble through 
prior registration of a subsequent assignment. 

My charge for preparing and registering an ordinary assignment is $5.00. 

The Patent Office will not undertake to settle disputes among conflicting 
assignees, but will leave the parties to their remedy in the courts. 183 O. G., 781 
(1912). 

The Patent Office cannot undertake to adjudicate the rights of parties on 
disputed questions of fact relating to assignments, since it acts in a ministerial 
capacity in such matters. Turner 100 O. G. 2603; 1912 C. C. 329. 

ROYALTIES AND LICENSES 

Royalty means a certain sum of money paid for the privilege of manufac- 
turing or producing an article protected by a patent or copyright. The usual 
plan is to pay a designated amount on each article or number of articles made. 

Under what are usually called " licenses " a like privilege in a particular 
town, city, country, or state, is granted in consideration of a definite sum. 
Licenses should be written or printed and properly signed. The words royalty 
and license are frequently used to indicate the same thing. 

Granting the right to manufacture or produce on royalty is frequently 
preferred to the outright sale of a patent, as it usually brings in a constant and 
increasing revenue. My charge for preparing royalty deeds and licenses is 
generally $25.00. 



38 WILLIAM C. LINTON 



OPPOSITION 

REJECTED CASES (Canada and United States) 

The law upon the subject of patenting inventions is not always liberally 
construed; and the technical rules thereunder evolved and applied by the 
scrutinizing officials of the Patent Office — each of his own interpretation — are 
usually strict and, sometimes, harsh; and the actions of the Office under these 
rules are, of necessity — on account of the great press of work — of the shortest 
and most decisive character, and are often utterly incomprehensible to the 
applicant, in whose mind the deciding officials is pictured as a man whose time 
is unlimited, whose patience is inexhaustible, and whose learning, wisdom and 
sound judgment are not to be questioned. 

Inventors are usually modest; and often would hesitate to bring their 
devices to the notice of the Patent Office were it not that they are spurred on by 
their friends. When, therefore, an official letter is received stating, curtly, that 
the invention claimed is anticipated by the patents of " Brown " and " Smith " 
in view of the patent to " Jones," and that the application is therefore rejected 
and a patent refused, — the applicant is apt to say to himself, *' That settles it. 
I thought my invention was a good thing, and new and worthy of a patent; but 
if the Commissioner writes in that way about it, of course, I shall give it up." 

But suppose the applicant has some curiosity; or has received encourage- 
ment from some one who knows of his invention; and, after examining the 
grounds of rejection, finds that his machine is shown in no one of the patents 
referred to, and writes to the office to that effect. If, in reply, he should get a 
letter stating that " Smith shows a wheel like his, and Brown a receptacle," 
which, taken in view of the levers shown in Jones' patent for "a full anticipa- 
tion of his supposed invention; that while it is true, a difference exists, it is 
colorable only, is within the province of the mechanic, and does not rise to the 
dignity of invention, and that his application is, therefore, a second time 
rejected," — would it not be natural for him to feel very small, and utterly 
quenched, by this dictum of the great Patent Office ? 

Official actions of this character are quite common, and difficult to handle. 

The law, as construed in the courts, and exhaustively discussed in cases 
laid open in full view of the state of the art, does not authorize the Office to 
grant a patent on a device because it is novel. The judicial requirement is, that 
the device must have been invented — that is, must possess invention. One 
of the most useful articles ever put on the market is the rubber-tipped lead 
pencil, and yet the patent for it, on suit in court, was declared of no force — 



MONTREAL AND WASHINGTON 39 

because there was no invention in the device. Considering the usefulness 
and success of this meritorious conjunction, it is not impossible to believe that, 
if court could decide on the validity of the patent, it would reverse the former 
opinion. But, unfortunately, the court was of last resort, and the decision 
remains, and takes its share in guiding the officials of the Patent Office in their 
work upon new applications — each examiner applying the precedent as his 
mental equipment may dictate. 

And the office holds that before a patent can be granted upon an invention, 
it must appear to be "sufficiently useful and important," as required by the 
statute. Who is the judge of this? The examiner alone decides it — each for 
himself — and as there are numerous examiners, each having his own special 
class of inventions, it is obvious that the amount of " usefulness and importance" 
required in different cases will vary as widely as the mental characteristics of 
the examiners themselves. 

The doctrine of " double use " is fruitful of rejections of applications for 
patent. It has been decided by high authority that " a new application of an 
old device can be pronounced * a double use ' only when it is used in substan- 
tially the same way, or with no modification which requires more than ordinary 
skill;" and that " when adaptation is required to secure the new result, invention 
is presumed; and the new organization may be patented." Where is the judge 
who decides whether the modification requires more than ordinary skill, or 
whether there is or is not adaptation ? These questions are decided in the mind 
of the examiner — technically well versed in the state of the art, but, as a rule, 
without practical experience to any extent in the line whereon his decision is 
made. The province of mechanical skill varies in its scope with each examiner; 
and it often varies in the same examiner, with reference to inventions in different 
arts under his division in the Patent Office. "Adaptation" — often the main 
feature of invention — may receive but little consideration, until its bearing is 
forcibly pointed out by some one skilled in the art. 

Mr. Justice Blatchford, one of the most able jurists, who has had very ex- 
tended experience in patent cases, said this: " There is scarcely a patent 
granted that does not involve the application of an old thing to a new use; and 
that does not, in one sense, fail to involve anything else, but the merit consists in 
being the first to make the application, and the first to show ho it can be made» 
and the first to show that there is utility in making it." 

It is commonly supposed that a simple device is easily patented. It will be 
readily seen that it is an erroneous idea. It is very difficult to see invention 
in a simple solution of a difficulty, after the plan of solution has been pointed 
out. A complicated solution requires study, and therefore appears more merit- 
orious, whereas the contrary is true, and it should be so recognized. 

Other difficulties meet the inventor in prosecuting his application as to 
whether his claim presents a true combination which is patentable as an in- 
vention, or is merely an aggregation, involving good judgment. 

A combination has been defined to be "a union, in one thing, of several 



40 WILLIAM C. LINTON 



elements." An aggregation is "an assemblage of parts which have no mutual 
operation upon each other." The former, if novel, is usually held to be patent- 
able, while a claim to the latter is not regarded, under the present practice, 
as patentable. 

So, also, a claim may be regarded as being technically, " functional," or 
it may be " vague," or the drawings may be '* insufficient " or incorrect. Very 
often neither the inventor nor his attorney can understand drawings, and they 
rely upon the work of an ordinary draughtsman who has no idea of the matter 
further than to follow (often incorrectly) a crude model or sketch. When such 
a drawing comes before an official examiner, it may be readily seen that there 
will be " insufficiency " found somewhere. The Patent Examiner studies over 
the device and finally concludes that, as drawn, "the thing won't work." The 
inventor knows that the thing itself will work. The attorney, if no engineer, 
may be divided in opinion; and for the draughtsman himself, he knows nothing 
about it whatever. 

These and many other difiiculties, especially those mentioned on pages 38 
to 39, must be carefully avoided. 

In fact, the technical requirements of the Office are numerous, and many 
of them difficult of comprehension by the general public. It is rare than an 
inventor can so prepare his specifications and drawings as to meet these require- 
ments; and if he should, happily, pass through the reefs of informality, he may 
be shipwrecked at last through the operation of an unsound claim. 

If, therefore, one has made an invention of sound character, and his 
application for patent has been rejected or adversely received, he should 
remember that the Office does not pretend to be infallible, and that its exam- 
iners are overburdened with work.. He should, therefore, have the matter 
looked into by competent counsel, and he will, as a rule, obtain all that the 
examiner, in his discretion, upon a proper showing can give him. 

My charge for replying to the examiner's objections, as above, is $30.00 
and up, according to the amount of work involved. 

REISSUES 

A reissue is granted whenever the original patent is inoperative or invalid 
by reason of an insufficient or defective specification, provided the error has 
arisen through inadvertence, accident, or mistake, without any fraudulent 
intent. 

The Supreme Court of the United States has decided that it is now well- 
settled law that to warrant new or broaded claims in a reissue, such claims must 
not only be indicated in the original application, but it must further appear (1) 
that they constituted a part of the original invention, and (2) were sought and 
i ntended to be covered or secured by the original patent. 

(Corbin Lock Co. vs. Eagle Lock Co., 65 O. G., 1066.) 



MONTREAL AND WASHINGTON 41 

This is an accord with the decision of the Supreme Court in Mahn vs. 
Hanwood, 30 O. G., p. 657, that " the claim actually made operates in law as a 
disclaimer of what is not claimed." 

In fact, the tenor of all the recent decisions only emphasizes more and more 
strongly, the necessity of careful and skillful preparation and prosecution of the 
original application. Inventors should bear this in mind when they are tempted 
to employ any attorney whose chief recommendation is that he will do the 
work for a low fee. Cheap services are the most costly in the end. Rule 17 
of the Official Rules of Practice contains the following: 

"An applicant is advised to employ a competent attorney, as the value of 
patents depends largely upon the skillful preparation of the specification and 
claims." 



INFRINGEMENTS, ETC, 



Infringement, as that word is used in patent litigation, is defined as con- 
sisting in the use> sale or manufacture of something already patented, to the 
injury of the patentee; and the question of infringement is involved in almost 
all such litigation. 

The granting of a patent does not insure that the invention covered there- 
by can be made without infringing a prior patent, as an improvement may be 
novel and therefore entitled to a patent, and still it may be impossible to manu- 
facture the improvement without making use of another patented device. 

The Patent Office has no jurisdiction in infringement cases. They are 
particularly for the Courts. There can be no infringement until the patent 
issues, as it is the patent which is infringed and not the invention. Nor can 
there be an infringement of an expired patent as the public has the right to 
make use of it; nor of an invalid patent. 

Before beginning a suit for infringement the complaining party should 
have a thorough investigation of the Patent Office records made, and its patents 
carefully examined, to ascertain if he can sustain his suit. Expensive and disas- 
trous litigation can often be prevented in this way; or, if suit is commenced, it is 
with reasonable assurances of success. 

Every patentee or manufacturer, before investing in costly machinery, 
or buying an extensive plant for the manufacture of a patented article, should 
know whether he is liable to be closed up by an injunction and held responsible 
in damages at the suit of a prior patentee. And this information can only be 
ascertained by an " infringement search " of the Patent Office records. All 
analogous prior patents must be examined and carefully considered in relation 
to the patent under investigation. This examination should only be made by 
experienced and skilful patent solicitors, as fortunes may depend upon their 
decision. 

I am prepared to make these searches and examinations in a most thorough 
manner and to give reliable and trustworthy opinions. My charges are moderate. 



42 WILLIAM C. LINTON 

My charges for infringement and validity searches are based on the time 
involved and the character of the patent or device in question; usually at the 
rate of $50.00 per day and expenses. 

For giving expert testimony in court, preparing briefs, consulting with 
lawyers or clients, and services of the same general nature, my charges are the 
same as above. 

COPIES OF PATENTS 

Printed copies of patents are obtainable in due course in the following 
countries. A printed copy is issued in each Patent Deed. I obtain and send copies 
(number and year being given me), including postage, at the following rates: — 

United States $0.15 Australia $1.00 

Great Britain 0.50 Hungary 1,00 

France 0.75 Sweden 1.00 

Germany 0.75 Norway 1.00 

Switzerland 0.75 Denmark 1.00 

Russia 1.00 

In other countries manuscript copies according to length. 

Canadian Patents are not printed by the Government, and the cost of a 
manuscript copy of specification and drawing is generally $4.00. Estimates of 
cost furnished upon receipt of the number of the patent of which a copy is 
desired. 

If the patentee's name, the date of the patent, or its number are unknown, 
I will, if desired, carefully search for the patent described in the order, but I 
must have before me, in making such a search, a print or illustration of the in- 
vention. For the time occupied in making this search I generally charge $5.00. 

All payments for copies of patents must be made in advance, as I cannot 
send them C. O. D. Much time will be saved if these instructions are carefully 
followed. 

WHAT IS MY INVENTION WORTH? 

This question is often asked by those who mistakenly suppose I am an ex- 
pert in commercial and industrial matters. The value of an invention can never 
be foretold, and a patent attorney should not be asked to answer this question. 
I do not give opinions in regard to the value of inventions. I confine my opinion 
to questions I am competent to answer — patentability, scope, novelty, claims, 
etc. There is no standard for estimating the commercial value of a patent. 
No two are alike; no two can be handled alike; the market for no two is the 
same, and every invention is necessarily an experiment and an unknown quan- 
tity in the commercial and industrial field. Some things that have come to 
my offices which I thought valuable have turned to be valueless, while others 
which appeared trivial have proven, through judicious management, of great 
value to the owners. The value of a patent frequently depends more on judg- 



MONTREAL AND WASHINGTON 43 

ment and energy in management than upon the invention itself. This, how- 
ever, is true of every species of property. Men may make or lose money on 
patents as well as on farms, factories and gold mines. 

WARNING TO PATENTEES 

No sooner does any person's name appear in print as the patentee of a new 
invention, than he receives by mail a shower of letters and circulars from a gang 
of patent knaves. The patentee is invited, if he wants to realise immediately, 
say one thousand, two thousand, or ten thousand dollars, to send forward to 
the agent a small advance fee. Thus, instead of helping the patentee to 
obtain money, they begin by drawing money from him ; upon this they live and 
flourish. I am often asked if these-imposters, who so pressingly and plausibly 
claim to be able to sell patents, are reliable, and whether they ever effect sales. 
I regret to be obliged to say they are unreliable, and I am unable to learn of 
their making any sales. There are about forty thousand new patentees every 
year, from many of whom these patent sale agents obtain money under false pre- 
tences. They busy themselves in writing letters to inventors and in working 
them up to the remitting point, but have no time left for the drudgery of patent- 
selling, even if they had any ability in that direction. There is no trickery too 
low for some of these persons, and no end to the falsehoods they tell. I do not 
sell patents, nor have I connections with any concern that pretends to do so. 
My advice to patentees is: Beware of these fellows, and take upon yourselves 
the business of selling. 

If the invention is one of importance in the arts, or of such a nature that its 
originality and usefulness are seen at a glance, evidently answering to public 
want, the patentees will be able, without much effort, to make advantageous 
arrangements for the sale and introduction. Such are quick-selling patents. 

With the slow-selling patents the case is different. There is no easy and 
royal road to the sale. It requires active effort and constant attention until it 
is effected. In general the patentee himself is the best selling agent, for he is 
familiar with the merits of the invention. 

To make the merits and importance of the improvement publicly known 
often effects the sale of the patent. This may be done in various ways; by 
advertisements in newspapers, by cards, circulars, pamphlets, etc., or by local 
and travelling agents. 

Advertising should be done by the patentee, in his own name and address. 
He thus makes the invention know to the public, receives the direct benefit of 
all replies, and his money does not go into the pockets of swindlers. 

I DO NOT BUY OR SELL PATENTS 

but confine my business strictly to the subjects mentioned in this pamphlet. 
Neither can I procure partners for inventors. The most I can do is to secure 
patents according to the terms explained in this pamphlet. By giving my time 



44 WILLIAM C. LINTON 



exclusively to procuring patents, and to causes in court involving patent law, 
I can reasonably claim to do better work than if I had a side speculation in 
selling, buying or advertising patents. 

I avoid acquiring an ownership in any matter which might prove antag- 
onistic to the interests of my clients; for instance, if you are on the point of 
securing a patent on an invention, you would not care to entrust it to an attor- 
ney who has an interest in an invention intended for similar purpose, and which 
might compete with yours in the market. Being entirely free, I am in the ucst 
possible position to be fair to all. 

HOW TO SECURE CAPITAL 

Shoud you lack the necessary funds to file an application, you can easily 
secure the required amount by entering into an agreement with one or more 
friends or other persons in your vicinity. 

The grant of an interest in the patent to be secured, or the sale of a town- 
ship or country right, will generally be sufficient inducement for them to furnish 
the sum required. An agreement, as follows, will generally be sufScient: — 

WHEREAS I of have invented 

new and useful improvements in 

for which I am about to apply for Letters Patent. 

AND WHEREAS - has advanced the 

sum of and has agreed to pay all expenses connected 

with procuring said Letters Patent: 

NOW, THEREFORE, in consideration thereof, I hereby sell, grant and 

convey unto the said and to his heirs and assigns, 

a license to make, use, and sell the invention within the limits of the county of 

state of , for and during the full term 

for which said letters patent are or may be granted. *Witness my hand and 
seal, the day of A.D. 19 

In presence of 



ABOUT SELLING PATENTS 

While I have had no experience in selling patents, I have been brought 
into contact with inventors who have been successful in selling them, and for the 
benefit of many inquirers I submit a few hints which I hope may be useful. 



*If further inducement is desirable, the following may be inserted: 
"And I do hereby further agree that all of the net profits by me in any 

manner made or received from the said invention and patent shall belong to and 

shall be delivered unto the said 

until he shall have received back the said sum of 

with lawful interest thereon." 



MONTREAL AND WASHINGTON 45 

1. Have a substantial model made, one that will show your invention in 
its best light. Do not employ a stranger, or a firm in a distant city to make 
your model, but have it made at your end of the line and under your super- 
vision. 

2. In all cases where an invention can be advantageously represented by 
engravings, the patentee should have them made, to be used on bill-heads, 
letters, pamphlets and circulars. He should, however, remember that it is bad 
economy to have poor pictures. There are firms in all large cities who make 
engravings. 

3. If you have a chance to sell a town-right or shop-right, do so, no 
matter if you get little or nothing for it. The purchaser of this town-right or shop- 
right may, by his industry and good judgment pave the way for your future 
success. At any rate, you will have gained his services in your behalf and, at 
least have made a start, while you will still have plenty of territory in reserve. 
Others may become interested and purchase rights, and once the public sees the 
worth of your invention, success is assured. 

5. I know of many inventors who have made money by simply selling 
farm, county, State and shop-rights, and if an inventor does not wish to under- 
take the manufacture of his invention this is a very desirable course to pursue. 
In estimating the value of patent rights for different states, counties, etc., one 
very common method is to fix the prices with reference to the population. 

The license and royalty plan is often the most profitable method of selling 
I)atents. This, in effect, involves a contract between a patentee and a manufac- 
turer by which the latter, in consideration of a license to manufacture the 
articles, agrees to pay the patentee a specified sum for each article made or 
sold, and warrants to sell a certain number each year. 

Do not make the mistake of supposing that a patent is a fortune in itself. 
Success with a patent will, like success with a farm, a factory or gold mine, 
depend on management. 

Finally, do not refuse any reasonable cash offer, but accept it, letting the 
buyer take the chances of proving the invention a financial success. 

PATENTS FOR RECIPES, USEFUL MIXTURES, ETC. 

New and useful compounds and mixtures, recipes, etc., may be patented 
in the compounding of the same involves invention. A minute statement 
must be given of the exact proportions, methods and ingredients used in making 
a given quantity of the new article. 

At the present time it is almost impossible to secure U. S. patents for 
medicines, and I therefore advise my clients to register Trade Marks instead. 



46 WILLIAM C. LINTON 



TRADE-MARKS 



UNITED STATES. — A trade-mark or name may be registered by any per- 
son, firm, corporation or association who is the owner of such trade-mark; 
provided it does not tromprise immoral or scandalous matter; or consist of the 
flag or coat of arms or other insignia of the United States or any country; or 
comprise any design or picture adapted by any fraternal society as its emblem; 
or which mark is identical or nearly resembles a registered or known trade-mark 
as to be likely to cause confusion or mistake in the mind of the public or de- 
ceive purchasers; or which merely consists of the name of an individual, firm 
or corporation or association not written, printed, impressed or woven in some 
particular or distinctive manner, or in association with a portrait of the indi- 
vidual; or merely in words or devices which are descriptive of the goods with 
which they are used; or merely a geographical name or term; or a portrait 
of a living individual without such living individual's consent. 

Under the act of March 1920 any trade-mark which has been in bona fide 
use for not less than one year in interstate or foreign commerce with the ex- 
ception of those specified in paragraphs (a) and (b) of the act of February 20, 
1905 may be registered. 

The act of March 1920 also gives effect to certain provisions of the con- 
vention for he protection of trade-marks and commercial names known as the 
Buenos-Aires Convention. 

As a result of this convention an American International Bureau for the 
protection of trade-marks was established at Havana, Cuba, whereby the 
United States proprietors of trade-marks may, by the filing of a single applica- 
tion, secure joint registration of their trade-mark in any of the groups of 
American countries as follows: 

Northern Group Southern Group 

Costa Rica Argentine 

Cuba Bolivia 

Guatemala Brazil 

Haiti Chile 

Honduras Colombia 

Nicaragua Ecuador 

Panama Paraguay 

Santa Domingo Peru 

Mexico Uruguay 

Salvador Venezuela 
United States of America. 



MONTREAL AND WASHINGTON 47 

A trade-mark must be in use before registration can be obtained, but if 
you have a proposed trade-mark I can make a preliminary examination of 
the Patent Office records to ascertain if a similar trade-mark is registered and 
also advise you as to possibility of securing registration. Cost $10. 

When making application for registration of a trade-mark it is necessary 
that I be supplied with at least six facsimiles or speciments of the trade-mark 
as it is actually used upon the goods, how long it has been in use, the complete 
name and business address of the proprietor, the name of the goods to which 
the trade-mark is applied and how it is applied to the goods. 

If the proprietor is a corporation, I must be informed of the name of the 
state under which laws it was incorporated, the name of the person who will 
sign the declaration and his position with the corporation. 

If the proprietor be a firm then I must be informed of the complete names 
and addresses of all the members and the name of the member who will sign 
the declaration. 

A trade-mark registration is granted for a term of twenty years and may 
be renewed for a further term. 

The cost of registering a trade mark is usually $50 which amount includes 
the government fee of $10, drawing fee and my attorney's fee. 



TRADE-MARK OPPOSITION 

It is further provided that before granting registration the Commissioner 
shall cause the trade-mark to be published at least once in the Official Gazette 
of the Patent Office, and any person who believes that he would be damaged 
by the registration may oppose the same by filing notice of opposition, stating 
the ground thereof, within thirty days after the publication of the mark sought 
to be registered. 

The latter provision enables the true owner of the trade-mark to prevent 
his right to its exclusive use from being jeopardized by the registration of the 
same or a similar mark by an applicant who may not be entitled to registration. 

Appeals may be taken in trade-mark cases from an adverse decision of the 
examiner of trade-marks or the examiner of interferences, as the case may be, to 
the Commissioner in person, and from the Commissioner to the Court of Appeals 
of the District of Columbia. 

Registration will afford prima facie evidence of ownership, and any person 
using any registered trade-mark without the consent of the owner thereof will be 
liable for damages, and on the rendition of a verdict for the plaintiff the court, 
in its discretion, may enter judgment for three times the amount of such verdit. 



48 WILLIAM C. LINTON 

The above law affords additional remedies and more complete and ade- 
quate protection, and in order to give the owners of trade-marks previously 
registered the enlarged benefits under the above law, the act makes provision 
for the registration of said trade-marks upon payment of the fees. 

Provision is made for the first time for registering trade-marks used solely 
in interstate commerce, and the above law is so far-reaching and complete that 
registration of a trade symbol or mark will prove of great value from a com- 
mercial standpoint. 

CANADA. — ^A trade-mark, within the meaning of the Act, is a distinctive 
and arbitrary mark used by anyone to distinguish his goods from those of 
other people, and may be applied either to the article itself or to a box or 
receptacle for containing the same. 

In Canada, trade-marks are under two heads: Specific and General. 

A General trade-mark is one used in connection with the sale of the various 
articles in which the proprietor deals in his trade, business, occupation or calling 
generally, and its term of registration is of unlimited duration. Cost: govern- 
ment fee $30.00, my fee $20.00, total $50.00. 

If registration is refused the government fee is refunded less $5.00. My 
charge for obtaining the refund is $5.00. 

A Specific trade-mark is one used in connection with the sale of a particular 
class of merchandise. Its term of registration is limited to twenty-five years, 
but may be renewed before the expiration of that period for a further term of 
twenty-five years, and so on. Cost: government fee $25.00; my fee $20.00, 
total $45.00. 

If registration s refused, the government fee is refunded, less $5.00. My 
charge for obtaining this refund is $5.00. 

It should be noted that mere descriptive words of quality and the like 
used in their ordinary signification, may not be registered as a trade-mark, nor 
may geographical terms when descriptive of the place of manufacture. 

Trade-marks may be registered by any person, firm or corporation entitled 
to the exclusive use thereof, whether resident in Canada or not, and no suit for 
infringement is maintainable until a trade-mark is registered. 

All registered trade-marks are assignable in Canada, and such assignments 
should be registered at Ottawa, in the Department of Agriculture (Trade-mark 
and Copyright Branch). The time ordinarily required to register a trade-mark 
in Canada is one month. 



MONTREAL AND WASHINGTON 49 



PRINTS AND LABELS 

CANADA. — In Canada, labels are protected by trade-marks. 
UNITED STATES. — ^An Act of Congress provides that prints and labels 
may be registered in the United States Patent Office. 

By the word " print " is meant any device, picture, word or words, figure or 
figures (not a trade-mark), which is impressed or stamped directly upon the 
articles of manufacture to denote the name of the manufacturer or place of 
manufacture, style of goods, or other matter. 

By the word "label" is meant a slip or piece of paper or other material to be 
attached in any manner to manufactured articles, or to bottles, boxes, or 
packages containing them and bearing an inscription (not a trade-mark) , as the 
name of the manufacturer or the place of manufacture, the quality of goods, 
directions for use, etc. Ten copies of each print or label must be filed with the 
application, one of which will be returned certified to under the seal of the Com- 
missioner of Patents. Such registration will continue in force for twenty-eight 
years. The total cost for obtaining a certificate of registration is $20.00. Regis- 
tered prints and labels are assignable in writing. I prepare such assignments. 
Cost of preparation and recording, $5.00. 

DESIGN PATENTS 

UNITED STATES.— The laws covering the granting of patents for new 
designs are of the most liberal and comprehensive character. 

A patent for a design may be granted to any person, who has invented or 
produced any new and original design for the printing of woolen, silk, cotton, 
or other fabrics; or any new and orginal impression, ornament, pattern, print 
or picture to be printed, painted, cast or otherwise placed on or worked into any 
article of manufacture; or any new, useful and ornamental shape or configura- 
tion of any article of manufacture. 

Design patents are not granted for mechanical or other inventions. The 
patentee of a machine may, in addition to the protection of his mechanical 
patent, also obtain a design patent upon any new ornaments or ornamental 
forms on his device. 

The total cost of a design patent including an ordinary sheet of drawings 
is. in the United States: 

Patent for three and a half years $35 .00 

Patent for seven years 40 .00 

Patent for fourteen years 55 . 00 

Anyone desiring to secure a design patent should send full name and sketch 
or model of design accompanied by the requisite fee and information as to the 
length of time for which patent is desired. 



50 WILLIAM C. LINTON 

CANADA. — Designs may be registered for a term of five years, renewable 
for a further term of five years, if such application be made before the expiry of 
the original term. 

My total charge for registering a design is $30.00 including 1 sheet of 
drawings and government fee of $5.00 (for five years). 

The Canadian law exacts that every design, in order to be protected, must 
be registered before publication, and that after registration, the name of the 
proprietor, the letters " Rd ' and the year of registration shall appear on all 
articles protected by design patents, such as " Rd. 1919, by John Smith." 

The applicant for a design patent must be a resident of Canada. 

Penalties are provided for the fraudulent marking, as registered, of any 
article which is not registered. 

COPYRIGHTS 

CANADA. — New books, maps, charts, musical compositions, paintings, 
drawings, statues, sculptures, photographs, prints, engravings, etchings, etc., 
may be protected by copyright. 

Any person domiciled in Canada, or in any part of the British possessions, 
or any citizen of any country which has an international copyright treaty with 
the United Kingdom, may obtain a copyright in Canada. 

The condition of obtaining such copyright is: " That the said literary, 
scientific, or artistic works shall be printed and published, or re-printed and 
republished in Canada, or in the case of works of art, that they shall be produced 
or re-produced in Canada whether they are so published or reproduced for 
the first time, or contemporaneously with or subsequent to publication or pro- 
duction elsewhere, but in no case shall the exclusive right in Canada continue 
to exist after it has expired elsewhere." 

In this section, " printed " and " publish " are to be taken as synonymous. 

The term of copyright registration is 28 years, but may be extended for 15 
years further on a second registration of the title within a year before the expir- 
ation of the first term, of which renewal notice must be given in the Canada 
Gazette. 

To secure a Canadian copyright, send us four bound copies of your books 
with stiif covers, or four copies mounted on linen of any map, chart, drawing, 
photograph, or print. 

The cost of preparing and filing an application for a Canadian copyright 
is $10.00, including the Government fee. 

UNITED STATES. — Copyrights are granted to authors, inventors or 
proprietors of any book, map, chart, dramatic or musical compositi n, engrav- 
ing, cut, print, photograph, painting, drawing, statuary, etc., for the term of 28 
years. 



MONTREAL AND WASHINGTON 51 

The method of procedure is to record the printed title of the book, or 
printed description of the photograph, etc., in the office of the Librarian of 
Congress. This must be done after the book or composition is published. 
Two copies or speciments of the book or composition to be copyrighted must also 
be forwarded to the Librarian of Congress on or before the day of publication. 
If it is a work of art, a photograph thereof should be transmitted in the same 
manner. The printing of the book, etc., and the plates, etc., from which they 
are printed must be made in the United States or the copyright is invalid. 

SUBJECT-MATTER OF COPYRIGHT 

(a) Books, including composite and cyclopaedic viorks, directories, gazet- 
teers, and other compilations; 

(b) Periodicals, newspapers; 

(c) Lectures, sermons, addresses, prepared for oral delivery; 

(d) Dramatic or dramatico-musical compositions; 

(e) Musical compositions; 

(f) Maps; 

(g) Works of art; models or designs for works of art; 
(h) Reproductions of a work of art; 

(i) Drawings or plastic works of a scientific or technical character; 

0) Photographs; 

(k) Prints and pictorial illustrations. 

(1) Motion-picture photoplays; 

(m) Motion pictures other than photoplays. 

The law expressly requires that the application for registration of any 
article should distinctly specify to which one of these classes the work in which 
copyright is claimed belongs. An article is not entitled to registration unless 
it is reasonably possible to classify it under one or the other of the above design- 
ations named in the statute. 

Those who desire copyrights should send me their full name and residence, 
title of the book, map, dramatic or musical composition, cut, print or photo- 
graph, or a description of the painting, drawing or statue, and state whether 
they claim the right as author, designer or proprietor. The work itself need 
not be sent. The cost of preparing and filing an application for a copyright is 
$10.00, Government fee included. 

Copyrights may be secured for projected, as well as for complete works. 
Each number of periodical requires a separate copjright. The title of the 
periodical should include the date and number. 

Copyrights are assignable in writing. Such assignments should be re. 
corded in the office of the Librarian of Congress. 

Copyright certificates will be sent to applicants as soon as they are received. 



62 WILLIAM C. LINTON 



MARKING PATENTED ARTICLES 

All articles made or sold under a U. S. patent must be marked ** Patented,** 
together with the date of the patent. Where it is not practicable to mark 
every article, the package which contains them should be marked. 

In Canada the neglect to mark a patented article subjects the patentee 
to a heavy fine — in Mexico, Switzerland and Japan, to a forfeiture of certain 
rights. In no other country is such marking compulsory. 

Patented articles should be marked as follows: — 

AUSTRIA "O. P. Nr. ." 

BELGIUM "Bte. No. ." 

CANADA "Patented," followed by the year. 

DENMARK. "Dansk Patent No. ." 

FRANCE "Bte. S. G. du G." 

GERMANY "D. R. P. No. ." if for a patent of invention. 

GERMANY "D.R.G.M. No. ," if for a useful model patent. 

GREAT BRITAIN and 

COLONIES "Patent No. ," and the year. 

HUNGARY "Ung. P. No. ." 

ITALY "Brevattato," followed by the number of the volume 

and folio of the Reg. Att. wherein the patent is en- 
tered and the year. For instance: "Brevettato R. A. 
Vol. XXX.. Fol. 30." 

JAPAN Patent date and number in Japanese language. 

PORTUGAL "Privilegiado Pat. No. ." 

LUXEMBERG "Luxbg. Pat. No. ." 

NORWAY "Norsk Pat. No. ." 

RUSSIA "Patent No. ," (in the Russian language). 

SPAIN "Patentado en Espana No. ." 

SWEDEN 'Svenskt Pat. No. ." 

SWITZERLAND Federal Cross and number of patent. 

SOUTH AMERICAN COUNTRIES and MEXICO— "Privilegiado en (name 
of country) No. ." 

UNITED STATES "Patented," followed by the day, month and the 

year. 

COMMONWEALTH 

OF AUSTRALIA "Patented," followed by the day and the year the 

patent was granted. 



MONTREAL AND WASHINGTON 53 



FOREIGN PATENTS 



Very few inventors would take less than $1,000 for their United States or 
Canadian patents, yet nine-tenths of all patentees really present the entire 
world, outside of the United States and Canada, with the fruit of their genius by 
neglecting to patent their inventions abroad. 

The inventor looks to reap a rich reward from his invention here. Why 
would not the same invention be equally or more valuable abroad, where the 
population is more concentrated and where the invention therefore would be 
more easily handled than in this comparatively sparsely-peopled country? 
Over forty thousand United States and Canadian patents are granted each year. 
Amongst these are many devices of great utility and value. It seems almost 
incredible that these inventions are actually presented to the people of Europe, 
whereas by a trifling expenditure the inventions could have been patented in 
all the principal European countries. 

If you are in possession of a meritorious invention, do not fail to apply for 
foreign patents, before some one else has lodged his claim as the prior patentee. 
The sale of any such foreign patents, even at low figures, will enable you to 
work your patents elsewhere. 

As Canada does not belong to the International Convention, it is advisable 
for Canadian Inventors to file their foreign applications as eariy as possible, due 
to the fact that they will be stopped from filing their applications in some of the 
foreign countries if publication of their invention reaches those countries before 
their application. The Canadian Patent Office does not notify you if your 
patent is about to issue, therefore you cannot wait until your Canadian patent 
has been allowed before filing your foreign applications. 

American inventors should file their foreign applications within one year 
from the filing of their application in the United States, as the United States 
is a party of the International Convention. It is also advisable for American 
inventors to await allowance of their United States application before filing an 
application in foreign countries. 

TIME FOR FILING APPLICATIONS FOR PATENTS 

For valid patents application should be made as follows: — 

Before publication or public use of the invention anywhere — 

§ Brazil §Holland §Norway 

§ France § Hungary §Sweden 

Guatemala § Mexico §Tunis 

Turkey. (Except official publication). 



64 WILLIAM C. LINTON 

Before publication anywhere or public use in the country — 

Argentina, Finland (official publication of no effect for six months). 
§Austria, §Germany (except publications over 100 years old). 
Luxemberg (Must be new in Germany, and applied for in Germany 

within 3 months). 
§ Belgium (except official publications in favor of patents of importation; 

also the Government may except foreign official publications). 
§Denmark, §Portugal (must be new in Maderia and Azores). 
Russia (except official publication), Transvaal. ' 

Before printed publication anywhere — 

* Bolivia *Ecuador *Peru *Salvador. 

* (Official publication does not affect.) 

Note: — The granting of a patent in Argentina, Bolivia, Peru, Paraguay 
or Uruguay, gives one year provisional protection in the other countries of this 
group. 

Before public use anywhere; — 

§Cuba. ('Nauriol' patent). 

Before publication or use in the country: — 

§ Australia (Includes Tasmania and Papua) ; Bahamas (Unless well known 
by others); Barbados, British Central Africa (Nyassaland) ; British 
Guiana, British Honduras, Cape Colony, Chili, Deccan (Hyderabad), 
(one year's use by inventor or with his consent is permitted) ; East 
Africa Protectorate (Same as Zanzibar); §Great Britain, Indian, 
§ Japan (Includes Formosa and Korea); Leeward Islands, Liberia, 
§Malta, Mauritius (Same as Zanzibar); Mysore (One year's use by 
inventor or with his consent is permitted); Natal (Includes Zululand, 
must apply before expiration of lapse of first foreign patent) ; §New 
Zealand, Nicaragua, §Switzerland, Zanzibar. (Prior publication or 
use in Great Britain invalidates.) 

Before public use in the country: — 

Bermuda, St. Lucia, St. Vincent, §Trinidad and Tobago. 
During the life of a British Patent, but before use in Great Britain or Her 
possessions (use by inventor or with his consent excepted). 

British N. Borneo. *Pahang. Selangor. 

*Negri-Sembilan. *Perak. Straits Settlements. 

*Publication in Great Britain or the country where application is made, if 
prior to the date of the British Patent, invalidates the application; except when 
such publication has been made by the inventor or with his consent and not 
more than six months previous. 
During the life of a British patent, but before use in the country: — 

§Ceylon. Hong Kong & Kowloon. Fiji Islands. 



MONTREAL AND WASHINGTON 55 

During the life of a British patent: — 

Falkland Islands. Guernsey. St. Helena. 

Gibraltar. Jersey. 

During the life of a Foreign patent, but before use in the country: — 

Argentina, Belgian Congo, §Cuba, Costa Rica, Fiji Islands, Honduras, 
§ Italy, Jamaica, Newfoundland, §Spain (5 year patent); Panama (U. S. law 
applies in Canal Zone). 

During the life of a Foreign patent: — 

§Cuba. § Paraguay. Venezuela. 

Egypt. §Santo Domingo. 

♦Paraguay has a convention with Great Britain, whereby the grant of a 
British patent entitles the inventor to one year's provisional protection in 
Paraguay. 

During the life of a Certain Prior Patent: — 

Danish West Indies (Danish patent) ; Iceland (Danish patent) ; Philippines 
(United States patent) ; Porto Rico (United States patent) ; Portuguese 
Colonies (Portuguese patent). 

Within a year from acquisition of a Foreign or the Sealing of a British patent: — 

East Africa Protectorate, Zanzibar. 

Within a given period after first prior patent: — 

§ Brazil (Seven months from grant). 
Canada (Twelve months from issue or use anywhere). 
Mauritius (one year from sealing of British patent). 
§Mexico (Three months from date of issue or twelve months from date of 

application, whichever term is the shortest). 
§Norway (the King may conclude conventions with other countries, deter- 
mining the respective periods). 
Roumania (six months from grant). 
Southern Rhodesia (one year from date of grant). 
Transvaal (one year from date of grant). 
Uruguay (one year from issue). 
A number of the leading countries and their colonies have formed themsel- 
ves into a Union for the Protection of Industrial Property. Patentees having 
industrial or commercial establishments in any one country of the Union, can 
import their patent articles into any other country of the Union without for- 
feiture of patent rights. 

The application for a patent for an invention in any country of the Union 
by subjects, citizens, or residents of a country of the Union, or persons having 
industrial or commercial establishments in that country, gives provisional 
protection in all the others for twelve months. Trade-marks and designs are 
similarly protected for four months. 



56 WILLIAM C. LINTON 

The countries in the above list, which belong to the Union are signified thus§ 

The following states belong to the " Union for the Protection of Industrial 
Property": Austria, Belgium, Brazil, Cuba, Denmark, Dominica, France and 
her colonies. Great Britain, Holland, Hungary, Italy, Japan, Mexico, Norway, 
Portugal, San Domingo, Servia, Spain, Sweden, Switzerland, Tunis, the United 
States, the Dutch-Indian Colonies fo Curacao and Surinamand, the English ones 
of Australia, Ceylon, Gambia, Gold Coast, Malta, New Zealand, Seychelles, 
Southern Nigeria and Lagos, and Trinidad and Tobago. 

In each country of the Union, citizens, subjects, etc., of states members of 
the Union have three years to work their inventions, even though the law of the 
country may give a shorter time. In some countries, to obtain the benefit of the 
three years, it is necessary to state that it is desired to obtain the patent under 
the convention. 

CANADA has not joined this International Convention, therefore Cana- 
dians cannot claim the advantages granted thereby. 

It is advisable for Canadian inventors to file their foreign applications at 
as early a date as possible, and at least before his patent is granted or published. 
By so doing they, will not only head off independent foreign inventors who might 
otherwise come in during the pendency of the American application, but will 
defeat the machinations of that class of persons who make a practice of pirating 
desirable inventions here and obtain patents for them abroad, as first communi- 
cators. 

COST OF FOREIGN PATENTS 

Prices quoted on the following pages include taxes and all other fixed 
charges, where they exist, for the year, and in all ordinary cases, the adjustment 
of any technical difficulties that may arise in the respective Patent Offices. 
Objections on the score of novelty or inoperativeness, requirements for division, 
limitation, additional drawings and the like (involving extensive alterations), 
interferences, protests, etc., necessitate additional labor, which will ordinarily 
be charged for. 

A retainer of $30.00 per application is required with the order to go ahead; 
the remainder is due on the completion of the application papers. 

To highly technical cases, especially those involving an intimate acquaint- 
ance with the higher mathematics, chemistry, electricity, optics, acoustics, 
etc.; or some special and intricate branch of industrial art, the agove rates are 
not applicable, but special rate will be made depending on the nature of the case. 

I have at present nearly 200 agencies in Europe alone. These include 
most of the best known of the British and Continental Patent Agency firms, 
as well as many others less known but of equal quaUty. My long experience as 
an International Patent Attorney has given me unequalled opportunity to gauge 
the respective merits of my confreres abroad. I have also at least one direct 
agent in every country and each British colony, even the smaller ones. It is 
my aim to entrust each case to the local agent most qualified as an expert, or 
otherwise to deal with its particular subject matter. 



MONTREAL AND WASHINGTON 57 

FOREIGN PATENTS 

(Countries marked § belong to the Convention) 

Note. — Tlie prices mentioned in the following lists, apply to specifications 
containing 1,000 words or less. In the case of longer specifications I make 
additional charges as follows: 

1. For every additional 100 words, in English $1.00 

2. For every additional 100 words, in French, German, Hungarian, 

Spanish or Italian 1.00 

3. For every additional 100 words in other European languages. . . . 2.00 

ARGENTINE REPUBLIC— 5, 10 or 15 years, $150 to $200 

Population— 6,800,000. 

Area — 1,212,000 sq. miles. 

Industries — Agriculture, sheep and cattle raising; wool, wheat, hides, 
tallow and frozen meats, and mining. 

Taxes due annually: $20. Workings due within two years. 



lAUSTRALIA- 14 years, $125 

Population— 4,400,000. 

Area — 3,000,000 sq. miles. 

Industries — Sheep raising, agriculture, wine making, mining and manufac- 
turing. 

Taxes due end of seven years: $50. Workings due within four years. 



lAUSTRIA— 15 years, $90 

Population — 28,000,000. 

Area— 187,000 sq. miles. 

Industries — ^Agriculture, mining, manufacturing of glass and general manu- 
facturing. 

Taxes due annually: $25 first year, increasing each year. Workings due 
within three years. 



58 WILLIAM C. LINTON 

BAHAMA— 21 years, $175 

Population— 61,000. 

Area — 4,404 sq. miles. 

Industries — ^Agriculture, sponge, gathering, fruits, hemp fibre, tobacco, 
cotton, etc. 

Taxes end of seventh year $80; end of fourteenth year: $150. 



BARBADOS— 14 years, $110 

Population — 197,000. 

Area — 170 sq. miles. 
Industries — Sugar, molasses, rum and cotton. 
Taxes due annually: first year $75. 



§BELGIUM— 20 years, $50 

Population— 7,500,000, 

Area — 11,400 sq. miles. 
Industries — Manufacturing and mining, iron, lead, copper, zinc, lace, 
flour and starch, whisky, beer, etc. 

Taxes due annually: first year $10. Workings due end of first year. 



BERMUDA— 14 years, $300 

Population — 2 1 ,000. 
Area — 19 sq. miles. 
Industries — Agriculture, raising of onions, potatoes and arrowroot, coral, 



etc. 



BOLIVIA— 3, 6 or 10 years, $225 

Population — 2,200,000. 

Area — 985,000 sq. miles. 
Industries — Agriculture, mining, rubber, Peruvian bark, etc. 
Workings must commence within one year. 



MONTREAL AND WASHINGTON 59 



§BRAZIL— 15 years, $300 

Population — 20.000,000. 

Area — 3,200,000 sq. miles. 
Industries — ^Agriculture, growing of woods for dyeing and cabinet work, 
shipbuilding, fruit, coffee, rubber, tobacco, grain, cattle raising, etc. 

Taxes due annually: first year $25. Workings due within three years. 



BRITISH GUIANA— 14 years, $225 

Population— 300,000. 

Area — 90,000 sq. miles. 
Industries — Agriculture, sugar, rum, timber, balata, etc.; mining: gold, 
silver, diamond, etc. 

Taxes due at the end of seventh year: $130. 



BRITISH HONDURAS— 14 years, $150 

Population — 45,000. 

Area — 8,600 sq. miles. 
Industries — ^Agriculture and mining; staple products, woods, principally 
mahogany and logwood; sugar, rubber, fruit, gold, silver, etc. 

Taxes due at the end of third year $75; end of seventh year $130, 



BRITISH NORTH BORNEO— 14 years, $125 

Population — 1 ,200,000. 
Area — 30,000 sq. miles. 
Industries — Agriculture, wood, tobacco, rice, gutta-percha, sugar, coal and 
gold mining, etc. 



CAPE COLONY— 14 years $120 

Population — 2,500,000. 
Area — 277,000 sq. miles. 

Industries — Mining, agriculture, tobacco, grain, wheat, maize, sheepi 
farming, ostrich raising, etc. 

Taxes due end of third year $60; seventh year $115. 



GO WILLIAM C. LINTON 

§CEYLON— 14 years, $150 

Population 4,000,000. 
Area — 25,500 sq. miles. 

Industries — Agriculture: tea, coffee, cocoa, rubber, cinchona, cinnamon, 
cardamons, ebony, vanilla; precious stones of all sorts; pearl fishing is carried on 
extensively. The salt industry is a government monopoly. 

Taxes due at end of fourth year: $25, and annually thereafter. 



CHILI— 10 years, $300 

Population — 3,200,000. 

Area— 300,000 sq. miles. 

Industries — ^Agriculture: maize, wheat, barley, oats, beans, peas, lentils, 
vines, tobacco, flax, hemp, chili pepper, potatoes, etc., horse and cattle raising, 
copper and gold mining, etc. 

Date of working is fixed by the Government. 



COLUMBIA— 5 to 20 years, $150 to $200 

Population — 4,500,000. 
Area— 473,000 sq. miles. 

Industries — ^Agriculture: fruits of all sorts, tobacco, coffee, cotton, manufac- 
turing of woolen and cotton goods; mining of iron, lead, copper, coal, gold, silver, 
platinum, emeralds, etc. 

Working must start within one year. 



CONGO— 20 years, $135 

Population — 30,000,000. 
Area— 800,000 sq. miles. 
Industries — ^Agriculture, rubber, palm,oil, ivory, etc.; mining: iron, copper. 



etc. 



COSTA RICA— 20 years, $150 

Population— 3 70,000. 

Area — 23,000 sq. miles. 
Industries — Agriculture: cocoa, bananas, coffee, hides, fustic, cedar- wood, 
etc. 

Working to start within two years. 



MONTREAL AND WASHINGTON 61 

§CUBA— 17 years. $100 

Population— 2.000,000. 

Area — 44,000 sq. miles. 

Industries — Sugar and tobacco. 

Working to start between first and third year. 



§DENMARK— 15 years, $60 

Population — 2,600,000. 

Area — 15,000 sq. miles. 

Industries — Grain, raising of sheep, cattle and horses, manufacturing 
dairy machinery and apparatus, etc. 

Taxes due annually: second year $15. Working due within three years. 



DECCAN-HYDERABAD— 14 years, $150 

Population— 1 1 ,500,000. 
Area — 90,000 sq. miles. 

Industries — Agriculture: sugar, jute, tea, opium, tobacco, etc.; mining; 
coal, salpetre, gold, mica, rubies, jade, etc. 
Taxes due at the end of fifth year: $5. 



EAST AFRICA PROTECTORATE— 14 years, $170 

Population— 4,000,000. 

Area — 175,000 sq. miles. 
Industries — Grain, rubber, fibre, copra and ivory. 
Taxes due at end of fourth year: $50; eighth year $100. 



ECUADOR— 10 or 15 years, $200 

Population — 1 ,300,000. 
Area — 127,000 sq. miles. 
Industries — Cocoa, ivory, coffee, cotton, rubber, archella, wood, straw- 
hats, and hammocks, barks, yearns, tobacco, fruits, wheat, sarsaparilla, silver, 
copper, quick-silver, lead, iron, etc. 

Working to start within one year. 



62 WILLIAM C. LINTON 



FALKLAND ISLANDS— 14 years, $175 

Population — 3,600. 
Area — 6,500 sq. miles. 
Industries — Sheep farming and sea-faring industries. 



FIJI— 14 years, $250 

Population— 120,000. 

Area — 7,500 sq. miles. 

Industries — ^Agriculture: bread-fruit trees, bananas, plantains, yams, dolo, 
peanuts, cocoanuts, sugar cane, tea, cotton, maize, tobacco, arrow-root, etc. 



FINLAND— 15 years, $150 

Population— 3,000,000. 

Area — 144,000 sq. miles. 

Industries — ^Agriculture: oats, barley, rye, potatoes, etc.; great saw mills 
and paper manufactures; exporting timber, farming produce, etc. 

Taxes due annually: second year $10. Workings due within three years. 



§FRANCE AND COLONIES— 15 years, $90 

Population — 40,000,000. 
Area — 207,000 sq. miles. 

Industries — Nearly all important industries, the most important being the 
manufacture of metals, watches, jewelry, cabinet work, carving, pottery, glass, 
chemicals, dyes and dyeing, paper, woollens, carpets, linen, silk, lace, etc. 
Oyster culture is a very important industry. Agriculture products include vine 
raising, wheat, barley, oats, rye, maize, potatoes, sugar-beets, hops, etc., in 
great quantities. 

Taxes due annually: $25. Workings due within two years. 



IGAMBIA— 14 years, $135 

Population— 1 50,000. 
Area — 3,600 sq. miles. 
Industries — ^Agriculture: grain, nuts, beeswax, rubber, rice, cotton, millet, 
maize, hides, etc. 

Taxes due annually: after fourth year, $75. 



MONTREAL AND WASHINGTON 63 

§GERMANY. COLONIES AND PROTECTORATES— 15 years, $75 

Population — 60,000,000. 
Area — 210,000 sq. miles. 

Industries — ^Agriculture, manufactures and mining. Exports: sugar (raw 
and refined), woollen cloth stuffs and part silk stuffs, iron, pig iron, ingots, toys, 
aniline dyes, furs, printed cottons, upper leather for boots, bicycle parts, raw 
zinc, saddle and luggage wares, woollen and linen embroideries, cotton gloves, 
pianos, wheaten flour. In addition, Germany manufactures practically all 
industrial articles for home consumption and also has a large shipbuilding 
business, and is remarkably well developed in every line of industry. 

Taxes due annually: first year $20. Workings not required by U. S. 
citizens. 



GIBALTAR— 14 years, $250 

(Population— (Civilian only) 18,000. 
Area — 3 miles long by ^ mile broad. 
Industries — None of importance. 



§GOLD COAST COLONY— 14 years, $150 

Population — 895,350. 
Area — 120,000 sq. miles. 
Industries — Gold in great quantities, rubber, gum-copal, lumber, ivory, 
cocoa, Guina grain and oil, etc. 

Taxes due annually: end of fourth year $75. 



§GREAT BRITAIN— 14 years, $90 

Population— 47,000,000. 
Area — 121,000 sq. miles. 

Industries — Manufacturing of all kinds, especially of machinery and appar- 
atus, mining operations on a large scale; agriculture of all kinds still employs a 
large part of the population. 

Taxes due annually: after fourth year $30. Workings within four years. 



GRENADA— 14 years, $125 

Population— 74,000. 

Area — 130 sq. miles. 
Industries — ^Agriculture: coffee, cocoa, cotton, fruit, rubber, spices, etc.; 
timber, turtles, etc. 

Taxes due after fifth year, $25. 



64 WILLIAM C. LINTON 



GUATEMALA— 15 years, $225 

Population — 2 ,000,000. 

Area — 47,000 sq. miles. 
Industries — Agriculture: coffee, sugar, rubber, bananas, hides, timber, etc. 
Taxes due annually: $25. Workings due within one year. 



§HOLLAND— 15 years, $100 

Population — 5, 700,000. 
Area — 12,600 sq. miles. 
Industries — Agriculture: horses, sheep, cattle, poultry and swine raising; 
flax, hemp, tobacco, cotton, woollens, etc.; manufacturing of bricks, margarine, 
cocoa, chocolate, linen, candles, confectionery, earthenware, automobiles, 
boats, shoes, starch, potatoes, flour, printing and accessories, engines, bicycles, 
fecula, oils, beer, geneva and other liquors. Diamond cutting is also well 
developed and carried on extensively. 

Taxes due annually: second year $25. Workings within five years. 



HONDURAS— 20 years, $130 

Population— 7 75,000. 
Area — 43,000 sq. miles. 
Industries — ^Agriculture and great gold, silver, iron, copper, etc., mines; 
fruit, sugar, tobacco, cotton, coffee, sarsaparilla, rubber, mahogany, indigo, 
hides and skins, cedar, fustic, rosewood; cattle raising, etc. 
Taxes due annually; usually $25 each year. 



HONG-KONG — Good for the remainder of the term of the British equivalent 

patent — 14 years, $130 

Population— 4,200,000. 

Area — 400 sq. miles. 
Industries — An immense trade in sugar, opium, flour, amber, cotton, oil, 
ivory, betel, sandal-wood, rice, tea, woollens, silks, salt, etc. It is a free port 
and possesses fine docks, shipbuilding and repairing being carried on to a great 
extent. 



§HUNGARY— 15 years, $75 

Population— 20,000,000. 
Area — 125,000 sq. miles. 
Industries — Agriculture: grain of all sorts; cattle, sheep, horse and swine 
raising; mining; gold, silver, copper, antimony, lead, quick-silver, iron, coal, 
sulphur, etc. ; manufactures on a large scale are carried on in all important indus- 
tries. 

Taxes due annually: second year $20. Workings due within three years. 



MONTREAL AND WASHINGTON 65 

INDIA— 14 years, $80 

Population — 300.000,000. 
Area — 1,800,000 sq. miles. 

Industries — Agriculture, which employs two-thirds of the population, 
cotton; mining, coal, crude petroleum, salt, manganese, saltpetre, gold, mica, 
rubies, jade, etc. There are also many kinds of manufacturing, including 
woollen, and paper mills, breweries, distilleries, etc. 

Taxes due annually: after fourth year $25. Workings due within four 
years. 



§ITALY— 15 years, $70 

Population— 34,000,000. 

Area — 110,000 sq. miles. 
Industries — Agriculture, manufacturing and mining. The cultivation of 
silk, is an important industry as is also fruit raising. The chief products 
and exports are: olive oil, wine, candied citron, sienna earths, pastes, coral, rags, 
boracic acid, raw and thrown silk, hemp, cattle, straw-hats, rice, iron, zinc and 
copper ores, sulphur, marble, fruit, vegetables, fresh and prepared meats, 
poultry, chemicals and their products; woods, roots, etc. for dyeing and tan- 
ning; artistic works, etc. The chief manufactures are woollen, straw and felt 
hats, furniture, chemical products, paper, machinery of all sorts, mosaics, pot- 
tery, Venetian vases, alabaster ornaments, etc., beet sugar. The principal mining 
products are iron, lead, zinc, copper, manganese and antimony ores, sulphur, 
gypsum, amianthus, alum, boracic acid, gold and silver, etc. 

Taxes due annually: second year $15. Workings due within two years. 



JAM AICA— 14 years, $175 

Population— 900,000. 
Area — 40,000 sq. miles. 
Industries — Agriculture: tropical fruit and products of all sorts, including 
sugar, rum, coffee, bananas, oranges, maize, rare cabinet woods, dye-woods, etc. 



§JAPAN— 15 years, $125 

Population— 50,000,000. 
Area — 163,000 sq. miles. 

Industries — Agriculture, mining and manufacturing. Agricultural pro- 
ducts of all sorts, including tobacco, tea, potatoes, wheat, rice, etc. Mining 
products include copper, iron, silver, agate and rock crystal, coal, etc. The 
chief manufactures are silk, cotton, matches, paper, grease, lacquer ware, porce- 
lain, bronze, etc. Shipbuilding is carried on extensively. 

Taxes due annually: fourth year $15. Workings due within three years. 



66 WILLIAM C. LINTON 

LEEWARD ISLANDS— 14 years, $200 

Population — 1 28,000. 

Area — 700 sq. miles. 

Industries — Sugar, molasses, cotton, tamarinds, arrow-root, corn, pepper, 
tobacco, vegetables of all sorts; and raising of sheep, ponies, cattle, goats, etc. 

Taxes due annually: fourth year $30. 



LIBERIA— 20 years, $250 

Population— 1 ,500,000. 

Area — 48,000 sq. miles. 

Industries — Agriculture: coffee, cocoa, palm kernels, palm oil, ivory, 
cassava, rubber and camwood, etc. 



LUXEMBURG— 15 years, $50 

Population— 250,000. 
Area — 1,000 sq. miles. 

Industries — ^Agriculture and mining, chiefly iron. 

Taxes due annually: second year $10. Workings due within three years. 



IMALTA— 14 years, $100 

Population— (Civilian) 216,000. 
Area — 90 sq. miles. 
Industries — ^Agriculture: corn, onions, potatoes, grapes, oranges, melons, 
cumin seed, figs, honey, etc. Lace making is an important industry. Also a 
great deal of shipping is carried on, the harbor being one of the best in the 
world. 

Taxes due annually: fourth year $35. 



MAURITIUS— 14 years, $200 

Population— 375,000. 
Area — 720 sq. miles. 
Industries — Chiefly sugar, most of the necessaries of life are imported. 



MONTREAL AND WASHINGTON 67 

§MEXlCO— 20 years, $85 

Population— 13,600,000. 

Area — 760,000 sq. miles. 

Industries — Agriculture and mining. Agriculture: maize, wheat, barley, 
Chili-pepper, cotton, coffee, sugar, tea, tobacco, vanilla, hemp, flax, grapes and 
all kinds of tropical fruits; mahogany, ebony, caoutchouc, etc. Mining: gold, 
copper, lead, silver, quick-silver, iron, coal, etc. Manufacture of woollen and 
cotton goods, etc. 

Workings due within five years. 



MYSORE— 14 years, $155 

Population— 5,500,000. 

Area — 30,000 sq. miles. 
Industries — ^Agriculture, cotton and other products common to India. 
Taxes due annually: five years $35. 



NATAL— 14 years, $120 

Population— 1 ,200,000. 

Area — 35,000 sq. miles. 
Industries — Agriculture and mining. Agriculture: maize, sugar, coffee, 
arrowroot, ginger, tobacco, bananas, vegetables, pepper, tea, etc.; raising of 
sheep, cattle and horses, etc. Mining: coal, asbestos, fire clay, gold, graphite, 
gypsum, iron, lead, silver, limestone, marble, manganese, molybdenum, nickel, 
nitre, tin, etc. The mining, refining, working, etc. of the great iron mines 
forms an important industry; as does also the timber trade. Experiments are 
being made in growing cotton. 

Taxes due third year: $35; seventh year $60. 



NEGRI SEMBILAN— 14 years, $170 

Population— 100,000. 
Area — 2,600 sq. miles. 

Industries — ^Agriculture: coffee, cocoanuts, rice, rubber, sugar, etc.; mining: 
the main mining product is tin. 

Taxes due at the end of seventh year: $45. 



68 WILLIAM C. LINTON 



NEWFOUNDLAND — 14 years, $150 

Population — 235,000. 
Area — 40,000 sq. miles. 
Industries — Fishing, agriculture, mining and lumbering. The cod and 
seal fishing form important industries, as do also the manufacture of pulp and 
paper. Cod, whale and seal oils are purchased and exported in large quantities. 
The tinning of lobsters is another important industry. The cheif mining pro- 
ducts are copper, copper ore, iron pyrites and other minerals. 

Workings due within two years. 



NEW ZEALAND— 14 years, $60 

Population— 900,000. 

Area — 105,000 sq. miles. 

Industries — Agriculture and mining. Agriculture: flax, butter, cheese, 
tallow, gum, timber, sheep, wool, twine, kauri pine and kauri pine rosin, etc. 
Mining: coal mining forms an important industry, also the mining of gold, 
iron and copper. 

Taxes due third year: $35.; sixth year $60. Workings due within three 
years. 



NICARAGUA— 5 to 10 years, $150 

Population — 600,000. 

Area — 52,000 sq. miles. 

Industries — ^Agriculture, rubber, mahogany, coffee, sugar, cocoa, etc.; 
cattle and sheep raising. There is a little gold mining. 

Taxes due annually: cost fixed by Government. Workings due within one 
year. 



NORTHERN NIGERIA— 14 years, $170 

Population— 8,000,000. 
Area — 256,000 sq. miles. 

Industries — ^Agriculture: maize, plantains, earth nuts, yams, cassava, cocoa, 
coffee, cotton, palm oil, palm kernels, ivor5^ gum, copal, etc. Tin is also pro- 
duced and exported. 

Taxes due annually: fourth year $65. 



MONTREAL AND WASHINGTON 69 



§NORWAY— 15 years, $70 

Population — 2,400,000. 
Area — 124,000 sq. miles. 

Industries — Agriculture, mining and fishing. The herring and cod fisheries 
form a very important industry; the fish and fish oil being exported to a great 
value every year. Mining forms an important industry, many minerals and 
their products being produced. Timber dressing, mechanical engineering, 
textile manufactures, ship building, pulp making, match manufacturing, dairy 
products, skins, furs, etc., all form important industries. 

Taxes due annually: second year $10. 



NYASSALAND PROTECTORATE— 14 years, $150 

Population — 1 ,000,000. 
Area — 43,000 sq. miles. 

Industries — Agriculture: coffee, cotton, chillies, tobacco, ivory, tea, ground 
nuts, rubber, etc. 

Taxes due annually: fifth year $35. Workings due within four years. 



ORANGE FREE STATE— 14 years, $170 

Population — 38 7,000. 
Area — 50,000 sq. miles. 

Industries — Agriculture and mining; woods, ostrich plumes, hides, dia- 
monds, garnets, coal, etc. 

Taxes due third year $35; seventh year $60. 



PAHANG— 14 years, $170 

Population — 85,000. 
Area — 14,000 sq. miles. 

Industries — Mining, chiefly tin. Agriculture: coffee, cocoanuts, sugar, 
rice, rubber, etc. 

Tzuces due at the end of seventh year: $150. 



PANAMA— 5 to 20 years, $170 lo $350 

Population — 450,000. 
Area — 32,000 sq. miles. 

Industries — Agriculture and mining, gold, hides, rubber, mother-of-pearl, 
shells, cabinet woods, bananas, and medicinal plants. 
Within the first one-third of the term of patent. 



70 WILLIAM C. LINTON 



PERAK— 14 years, $170 

Population— 330,000. 

Area — 6,600 sq. miles. 

Industries — ^Agriculture and mining: the main mining product is tin. 
Agriculture, coffee, cocoanuts, sugar, rice, rubber, etc. 
Taxes due at end of seventh year: $50. 



PERU— 10 years, $200 

Population— 4,000,000. 
Area — 500,000 sq. miles. 

Industries — Mining and agriculture; mining: silver, gold, copper, quick- 
silver, coal. Agriculture: cocoa, coffee, sugar, cocain, guano, llama and alpaca 
wool, etc. The large petroleum beds and rubber forests provide two important 
— very important — industries. 

Working due within two years. 



PORTUGAL— 15 years, $75 

Portugal — Including the Azores and 
Maderia, 5,500.000. 

Area — 35,500 sq. miles. 

Industries — Mining and manufacturing, and agriculture: wheat, barley, 
oats, maize, flax, hemp, the vine, rice, alines, oranges, lemons, figs, almonds, 
etc.; large forests of oak sea pine, cork, and chestnut exist. The mining pro- 
ducts are: lead, copper, tin, antimony, coal, manganese, iron, bay salt, etc. 
The chief manufactures are: gloves, silk, woollen, linen, and cotton fabrics, 
metal and earthenware goods, tobacco, cigars, etc. The production and 
exporting of mine products forms an important industry. 

Taxes due annually: $10. Workings due within two years. 



RHODESIA (Southern)— 14 years, $100 

Population— 715,000. 
Area — 77,000 sq. miles. 

Industries — Agriculture and mining; tobacco, rubber, cotton, grain of all 
kinds, fruits and vegetables of all kinds; gold, silver, coal, diamonds, lead, iron, 
asbestos, etc. The gold mining forms an important industrv. 

Taxes due annually: third year $20, 



MONTREAL AND WASHINGTON 71 

ROUMANIA— 15 years. $150 

Population — 6,700,000. 
Area — 50,000 sq. miles. 

Industries — Agriculture and mining. Agriculture: maize, millet, barley, 
rye, beans, peas, vine growing, fruits of all sorts, etc. Cattle and sheep raising 
form an important industry. There are also great forests which furnish woods 
of all kinds. The mining of rock salt forms an important industry. 

Taxes due annually: second year $20. Workings due within four years. 



RUSSIA— 15 years, $185 
Population — 157,000,000. 
Area — 8,235,000 sq. miles. 

Industries — Agriculture, manufacturing and mining. Large forests exist 
and the timber forms an important industry. Rye, wheat, barley, oats, millet 
and other grains are produced in great quantities, as are also potatoes, hemp, 
flax, tobacco, etc. Manufacturing of all sorts is carried on extensively. The 
mining products include gold, platinum, copper, iron, rock salt, kaolin, marble, 
lead, etc. The largest output of petroleum in the world comes from Russia, 
while both steam and anthracite coal exist in inexhaustible quantities. 

Taxes due annually: second year $20. Workings within five years. 



SAN SALVADOR— 20 years, $225 

Population — 1,000,000. 
Area — 7,200 sq. miles. 

Industries — Agriculture: coffee, indigo, tobacco, sugar, balsam, rice, hides, 
cedar, and fustic. There is also some silver mining. 

Taxes due annually: $15. 



SANTO DOMINGO— 5 to 15 years, $200 to $250 
Population— 600,000. 
Area — 1,800 sq. miles. 

Industries — Agriculture and mining; cocoa, sugar, coffee, tobacco, mahog- 
any and other woods, wax, honey, logwood, fustic, turtle, sheep hides, bananas, 
divi-divi, etc. Gold mining is also carried on. 

Workings required within five years. 



72 WILLIAM C. LINTON 

SELANGOR— 14 years, $170 

Population— 1 70,000. 
Area — 3,200 sq. miles. 
Industries — ^Agriculture: gutta-percha, rubber, pepper, gambier, hides, 
horns, canes, rice, sago, tapioca, spices, dye-stuffs, rattan, coffee, tobacco, gums, 
tin, etc. 

Taxes due end of seventy year: $50. 



SEYCHELLES ISLANDS— 14 years, $175. 

Population— 22,500. 
Area — 150 sq. miles. 

Industries — ^Agriculture: vanilla, cocoanuts, cocoanut oil, tortoise shell, 
cocoa, soap and guano. 

Taxes due annually: end of fourth year $50. 



§SOUTHERN NIGERIA— 14 years, $250 

Population— 600,000. 

Area — 77,000 sq. miles. 
Industries — Agriculture: maize, plantains, earth nuts, yams, cassava, 
cocoa, coffee, cotton, palm oil and kernels, ivory, gum, copal, rubber, etc. Tin 
is also produced and exported. 



§SPAIN— 20 years, $75 

Population— 20,000,000. 
Area — 196,000 sq. miles. 

Industries — Great copper, lead and iron mines, besides other minerals. 
Agriculture: vine growing, olives, oranges, lemons, pomegranates, dates, wheat, 
barley, maize, etc. 

Taxes due annually: second year $10. Workings within three years. 



ST. LUCIA— 14 years, $150 

Population— 56,000. 

Area — 230 sq. miles. 

Industries — Agriculture: wood, cocoa, coal, sugar, rum, fuel and sticks. 
At port Castries there is a fine station. 

Taxes due annually: fifth year $25. 



MONTREAL AND WASHINGTON 73 

ST. VINCENT— 14 years, $125 

Population— 53,000. 
Area — 140 sq. miles. 
Industries — Agriculture: sugar, molasses, rum, arrowroot, cassava, cocoa, 
cotton, coffee, spices, etc. 

Taxes due annually: fifth year $25. 



STRAITS SETTLEMENTS— 14 years, $14.5 

Population— 500,000. 
Area — 15,000 sq. miles. 

Industries — Agriculture, mining, gutta-percha, gambler, rubber, horn, 
hides, pepper, canes, rice, sago, sugar, spices, tapioca, dye-stuffs, rattans, 
tobacco, gums, coffee, etc. 



SWAZILAND— 14 years, $120 

Population and Area included under Transvaal. 

Industries — Agriculture and mining, fruits and vegetables of all sorts, 
cattle and sheep raising, etc., gold and silver mines are being rapidly opened up 
and developed. 

Taxes due annually: third year $30. 



§SWEDEN— 15 years, $70 

Population— 5,476,000. 
Area— 173,000 sq. miles. 

Industries — ^Agriculture and mining; wood of all sorts, especially pine, 
birch and fir, pitch, tar, oats, rye, barley, potatoes, dairy products, etc. The 
mining products include iron and steel of a very high grade, gold, silver, copper, 
lead, nickel, zinc, cobalt, alum, sulphur porphyry, marble, coal, etc. The match 
induftry of this country is one of the finest in the world. 

Taxes due annually: second year $15. 



§SWITZERLAND — 15 years, $60 

Population — 2,500,000. 
Area — 15,500,000. 
Industries — Agriculture, dairy farming and manufactures. Agriculture: 
oats, wheat, maize, hemp, flax, tobacco, non-tropical fruits of all sorts, and 
vegetables. The manufactures are hides, silk, cotton, linens, lace, thread, 
woollens, etc. The manufacture of clocks and watches forms an important 
industry. Leather gloves, tobacco and snuff, cheese, condensed milk, etc., are 
also made in large quantities. 

Taxes due annually: second year $10. 



74 WILLIAM C. LINTON 

TRANSVAAL— 14 years, $125 

Population— 1 ,400,000. 
Area — 1 10,500 sq. miles. 

Industries — Mining and agriculture: gold, silver and coal mines are worked 
extensively; iron and other metals are also mined to a slight extent. This 
country is one of the greatest diamond producing countries in the world. 

Taxes due annually: end of second year $20. 



§TRINIDAD AND TOBAGO— 14 years, $150 

Population— "350,000. 
Area — 1,750 sq. miles. 

Industries — Mining and agriculture; sugar, cocoa, melons, rum, cocoanuts, 
timber, fruit and oil. Coal is mined in large quantities. The great pitch lake, 
which contains an inexhaustible supply, is continuously worked. 



§TUNIS— 15 years, $100 

Population — 1,900,000. 
Area — 45,000 sq. miles. 

Industries — ^Agriculture: barley, beans, bran, cork, dates, esparto grass, 
oats, olive oil, tan bark, wheat, wine, wool, hides, etc. Sheep and goat raising 
form an important industry. Blankets, fez caps and carpets are manufactured 
and exported. Zinc, lead and tunny fish are also exported. 

Annual taxes: $25. Workings within two years. 



TURKEY— 15 years, $100 

Population— 27,000,000. 
Area — 1,145,000 sq. miles. 

Industries — Mining, agriculture, sheep farming. The mining products 
include iron, lead, silver, copper, sulphur, salt, alum and coal. The agricul- 
tural products include rice, barley, millet, maize, sesame and other oil seeds, 
olives, tobacco, wine, citron, oranges, peaches, plums and other fruits; woods of 
all sorts. Sheep farming forms an important industry. 

Taxes due annually: $25. Workings due within two years. 



MONTREAL AND WASHINGTON 75 

URUGUAY— 9 years, $175 

Population— 1 ,000,000. 
Area — 72,000 sq. miles. 

Industries — ^Agriculture, mining, sheep and cattle raising. Agriculture: 
wool, hides, horn, tallow, jerked beef, wheat, barley, maize, etc. Sheep 
and cattle raising forms a great industry and constitutes the main value of the 
country. Gold mining is carried on to some extent. 

Taxes payable annually: $45. Workings required by grant. 



VENEZUELA— 5 to 15 years, $170 to $300 

Population — 2 , 700,000. 
Area — 360,000 sq. miles. 

Industries — Agriculture and mining. Coffee, cocoa, balata gum, cattle, 
hides, etc., are produced. Gold and other metals are mined. 
Workings due between six months and two years. 



ZANZIBAR— 14 years, $140 

Population — 260,000. 
Area — 1,000 sq. miles. 

Industries — Cloves, copra, gum, copal, ivory and many other articles are 
produced and exported. 

Taxes due : fourth year $60 ; eighth year $ 1 00. 

Countries marked § belong to the Convention, see page 51. 



76 WILLIAM C. LINTON 



COUNTRIES WHICH MY CLIENTS USUALLY 
SELECT AS THE BEST IN WHICH 
TO OBTAIN PATENTS 

United States (not including final Government fee, $20) $ 75 

Great Britain (complete patent) 14 years 90 

Great Britain (Provisional Protection) 9 months *25 

France 15 years 90 

Belgium 20 " 50 

Germany 15 " 75 

Germany (Model Patent) 6 '* 40 

Austria 15 " 90 

Hungary 15 '* 75 

Italy 15 " 70 

Norway 15 " 70 

Denmark 15 " 60 

Spain and Colonies 20 " 75 

Portugal 15 " 75 

Russia 15 " 185 

Sweden 15 " 70 

Switzerland 15 " 60 

The Commonwealth of Australia, comprising New South 
Wales, Victoria, Queensland, South Australia, Western 

Australia and Tasmania 14 " 125 

New Zealand .14 " 60 

Transvaal (complete patent) • •• • ^^ * ^^^ 

Transvaal (Provisional Protection) 9 months 30 

Japan 15 years 125 

Mexico 20 '* 85 

Newfoundland 14 ** 150 

Extra Specification. — When the specification above exceeds 1,000 words 
an additional charge is made as follows: — 

For 100 words in English $1.00 

For 100 words in French, German, Spanish, Hungarian and Italian 1.00 

For 100 words in other European languages 2.00 

Extra Drawings, per sheet, according to amount of work required, $5 to 
$15.00. 

*Where provisional protection is taken, the cost of completing the patent 
is but $60.00. 



MONTREAL AND WASHINGTON 



77 



COUNTRIES ARRANGED GEOGRAPHICALLY 



EUROPE 



Austria 15 years $90 

Belgium 20 ' ** 50 

Channel Islands 

Guernsey 14 " 100 

Jersey 14 " 100 

Czechoslovakia 15 " 100 

Denmark 15 " 60 

Esthonia " 200 

Findland 15 '* 150 

France 15 " 90 

Germany 15 " 75 

Germany (Model Patent) 6 ". 40 

Gibraltar , 14 " 250 

Bulgaria f There are no Patent Laws, but concessions by spe- 

Servia -j cial legislative Act are sometimes obtainable. 

Siam [ 

Great Britain 14 " 90 

Greece 14 " 100 

Holland 15 " 100 

Hungary ■ • 15 " 75 

Iceland " 200 

Italy 15 " 70 

Jugoslavia " 200 

Luxembourg 15 " 50 

Malta 14 " 100 

Norway 15 " 70 

Poland 15 " 100 

Portugal 15 " 75 

Roumania 15 " 150 

Russia 15 " 185 

Spain and Colonies 20 " 75 

Sweden 15 " 70 

Switzerland 15 " 60 

Turkey 15 " 100 



AUSTRALASIA 



Commonwealth of Australia 14 years $125 

Fiji Islands 14 '• 250 

New Zealand 14 '* 60 



78 



WILLIAM C. LINTON 



CENTRAL AMERICA 

British Honduras 14 years $150 

Costa Rica 20 " 160 

Guatemala 15 " 225 

Honduras 20 " 130 

Nicaragua 10 " 150 

San Salvador 20 " 225 

Panama 5-15 " 170-350 



SOUTH AMERICA 

Argentine Republic 5, 10, 15 years $200 

Bolivia 3, 6. 10 " 225 

Brazil 15 " 300 

British Guiana 14 " 225 

Chile 10 •• 300 

Columbia 5 to 20 " 150-200 

Ecuador 10-15 " 200 

Falkland Islands 14 " 175 

Paraguay 100 " 250 

Peru 10 " 200 

Uruguay 9 " 175 

Venezuela 5-15 " 170-300 



WEST INDIES 



Bahama Islands 21 years $175 

Barbados 14 " 110 

Bermuda 14 " 300 

Cuba 17 " 100 

Danish West Indies 15 " 135 

Grenada 14 " 125 

Haiti 14 " 100 

Jamaica 14 " 175 

Leeward Islands 14 " 200 

Porto Rico " 75 

St. Helena 14 " 150 

St. Lucia 14 " 150 

St. Vincent 14 " 125 

San Domingo (Dominican Republic) 5-15 " 200-250 

Trinidad 14 " 150 

Virgin Islands 14 *' 90 



MONTREAL AND WASHINGTON 



79 



ASIA 



British North Borneo 14 years $175 

Ceylon 14 " 150 

China No patent Law, but Inventions may be 

registered at China's Foreign Office. . 14 " 150 

Hong Kong f Granted for inventions patented in 

\ Great Britain 14 " 150 

Federated Malay States 14 " 200 

Hyderabad (Deccan) 14 " 200 

India 14 " 80 

Japan 15 " 125 

Pahang 14 " 170 

Perak 14 " 170 

Jedhpur (Marwar) 14 " 125 

Johore 14 " 225 

Kedah 14 *• 250 

Kelantan 14 " 250 

Korea (covered by Japan). 

Mysore 14 " 155 

Philippine Islands " 75 

Sarawak 14 " 325 

Straits Settlements 14 " 145 

Tippera 14 " 125 

Travancore 15 " 135 



AFRICA 



Basutoland 14 years $125 

Belgian Congo Free State 20 " 135 

Cape Colony 14 " 120 

East Africa (British) 14 " 170 

Egypt.— 

Cairo 7 " 100 

Alexandria 7 " 100 

Mansurah 7 " 100 

Registration of all three 7 " 200 

Gambia (British) 14 " 160 

Gold Coast Colony 14 " 150 

Liberia 20 " 250 

Natal 14 " 120 

Nigeria 14 " 200 

Nyassaland (British Central Africa) 14 " 150 

Orange Free State 14 " 120 

Portuguese Colonies (Each) 20 " 75 

Rhodesia 14 *' 100 



80 WILLIAM C. LINTON 



AFR IC A— Continued 

Seychelles Islands 14 

Sierra Leone 14 

Southwest Africa . 14 

Swaziland 14 

Selangor 14 

Transvaal 14 

Union of South Africa 14 

Uganda 14 

Zanzibar 14 

FOREIGN TRADE-MARKS 



175 
175 
200 
120 
170 
170 
150 
250 
140 



Argentine $110 

Australia 90 

Austria 80 

Bahama Islands. 90 

Barbados 85 

Belgium 76 

Bermuda Islands 100 

Bolivia, 10 years all taxes paid 105 

Brazil 110 

Brazil, Independent of United States Registration l55 

British Central Africa (see Nyasaland) 

British Guiana ^6 

British Honduras 96 

British North Borneo 100 

Bulgaria 100 

Ceylon 96 

Channel Islands 76 

Chile ^5 

China 80 

Colombia 130 

Congo Free State (Caleld Belgian Congo) 80 

Costa Rica 95 

Cuba. 95 

Curacao 90 

Cyprus 90 

Czecho-Slovakia 80 

Deccan 95 

Denmark 90 

Dominican Republic, 10 years 105 

Dutch East Indies 85 

East Africa Protectorate 90 

Ecuador 125 



MONTREAL AND WASHINGTON 81 



FOREIGN TRADE-MARKS— Con/twM^d 

Egypt for each registration . . 75 

Eritrea 90 

Falkland Islands 106 

Federated Malay States (comprising Negri-Sembilan, Pahang, Perak and 

Selangor). 85 

Fiji Islands 100 

Finland 75 

France 85 

Gambia 90 

Germany 80 

Gibraltar 100 

Gold Coast Colony 95 

Great Britain 80 

Greece 115 

Grenada 80 

Guatemala , 110 

Haiti. 115 

Holland 85 

Honduras 140 

Hong Kong 130 

Hungary 80 

Iceland 100 

India 75 

Italy 80 

Jamaica 100 

Japan 85 

Johore 90 

Jugo-Slavia 110 

Leeward Islands 90 

Liberia 135 

Luxembourg 75 

Malta & Gozo. 85 

Mauritius 90 

Mexico . 90 

Morocco (French Zone) 90 

Mysore 90 

New Foundland 90 

New Zealand 75 

Nicaragua 100 

Nigeria 100 

Norway 85 

Nyasaland (British Central Africa) 95 

Oman 90 

Panama, 10 years 135 



82 WILLIAM C. LINTON 

FOREIGN TRADE-MARKS— Co»/»nu«4 

Paraguay 130 

Peru 100 

Philippine Islands 90 

Poland 85 

Porto Rico 80 

Portugal 80 

Portuguese Colonies for each colony 80 

Rhodesia 120 

Roumania 85 

Russia 200 

St. Helena 95 

St. Lucia 100 

St. Vincent 80 

Salvador .Tax paid five years 125 

Santo Domingo (See Dominican Republic) 

Sarawak 90 

Seychelles Islands 96 

Siam 105 

Sierra Leone 95 

Spain, 20 years Tax paid 5 years 85 

Spain. 20 years Tax paid 10 years 90 

Spain, 20 years Tax paid 20 years 100 

Straits Settlements 95 

Sudan 90 

Surinam 90 

Sweden 95 

Switzerland 55 

Trinidad & Tobago 100 

Tunis 75 

Turkey 130 

Uganda 95 

Union of South Africa 90 

Uruguay 120 

Venezuela 95 

Virgin Islands (Reigstration) 75 

Zanzibar , HO 



ALPHABETICAL INDEX 



PAGE 

About Selling Patents 44 

Appeals 33 

Assignments, etc 37 

Buying and Selling Patents 43 

Caveats 36 

Copies of Patents (their cost) 42 

Copyrights SO 

Canadian Patents 34 

Cost of Foreign Patents 56 

Countries which my Clients usually select as the best in which to obtain 

Patents 76 

Countries Arranged Geographically 77 

Course and Treatment of an Application in the Patent Ofi&ce 27 

Design Patents 49 

Division 30 

Extra Charge for long and difficult specification 26 

Extra Drawings 22 

Forfeiture and Renewal 29 

Foreign Patents 53 

How to Secure Capital 44 

Foreign Trade-marks 80 

Going to Ottawa or to Washington 10 

How lo obtain Patents 25 

Infringements, etc 41 

Interferences 31 

International Convention for the Protection of Industrial Property 53 

Inventor's Monopoly 10 

Joint Inventors 17 

Joint Ownership 18 

Marking Patented Articles 52 

Medical Compounds, Recipes, etc 45 

Opposition 38 

Offices 9 

Patent Applied for 26 

Patent Library 9 

Patents— What are they ? 16 

Perpetual Motion 33 

Possibly of Secret Use 15 

Prints and Labels 49 

Qualifications of Patent Solicitors or Attorneys 7 

Reason for Patent Monopoly. i 11 



INDEX— Continufd 

PAGE 

Recipes, Useful Mixtures, etc.. Patents for 45 

Reissues 40 

Rejected Cases 38 

Royalties and Licences 37 

Sending Engineer to Factory, Shop, etc 25 

Search 16 

The Claims 22 

The Drawings 21 

The Nature and Policy of Patents 10 

The Patent Application 18 

The Specification 18 

Time for Filing Application for Patents 53 

Time Required to Obtain a Patent 27 

Trade-Marks : . . . 46 

United States Patents 29 

Unsatisfactory Pending Cases 31 

Value of an Invention 14 

Warning to Patentees 43 

Who can Obtain a Patent 17 

What Patents are Granted for 29 



LIBRARY OF CONGRESS 

II 

019 973 356 4 



ik 



